\Os-^ 


A Good  Code, 


Mr  Robert  [.  Cumruia,  in  an  address 
lately  delivered  on  ‘‘Municipal  Govern 
ment,”  at  Day  ton, -0  ,^  at  a meeting  called 
by  the  board  of  trade,  bad  tbese  good  words 
to  say  of  the  Springfield  ‘ city  code:  ’ 

One  city  code  deserves  more  than  pas:  ing 
notice.  After  examining  many  statistics,  state 
and  municipal  laws,  city  codes  and  charter 
governments  of  great  and  proud  cities,  I think 
it  significant  that  in  the  small  city  of  Spring- 
field,  Illinois,  where  the  nation  once  found  the 
embodiment  of  honesty  and  common  ten  e— 
Abraham  Lincoln — we  should  find  to-day,  as 
if  the  very  ashes  of  the  great  commoner  had 
imparted  his  wisdom  to  the  people,  a city  code 
that  will  go  far  to  solve  the  problem  of  munic- 
‘ ipai  government. 

It  seems  that  the  city  of  Dayton  is  with- 
out laws  under  which  it  can  operate  to  ad- 
vantage, and  has  lately  been  seeking  infor- 
mation fron 


it  hopep  to  pr^t 


THE  UNIVERSITY 


OF  ILLINOIS 

library 

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s 


THE 


Springfield  City  Code: 


COMPRISING  THE 


LAWS  OF  THE  STATE  OF  ILLINOIS 


RELATING  TO  THE  GOVERNMENT  OP  THE 
CITY  OP  SPRINGPIELD,  AND  THE  * 


I 

Ordinances  of  the  City  Council; 


KEVISED  AND  CODIFIED, 


BY 

Joseph  Wallace  and  James  W.  Patton, 

Attorneys  at  Law. 


Published  by  Authority  op  the  City  Council. 


SPRINGFIELD: 

H.  W.  Rokker,  Printer  and  Binder. 

1884. 


AWao.  . .Jo-.cK 


lie* 


PREFACE. 


At  the  regular  municipal  election  held  in  the  City  of 
Springfield,  April  4,  1882,  the  question  of  incorporating  un- 
der the  act  of  the  G-eneral  Assembly  of  the  State  of  Illinois, 
entitled  ‘‘An  act  to  provide  for  the  incorporation  of  cities 
and  villages,”  approved  April  10,  1872,  in  force  July  1, 
1872,  was  submitted  to  a vote  of  the  electors  of  said  city, 

o and  ratified  by  a decisive  majority  thereof.  Early  in  the 
o 

± month  of  June  succeeding  that  election,  the  gentlemen  whose 
names  appear  on  the  title-page  of  this  book  were  appointed 
by  Mayor  A.  N.  J.  Crook,  and  confirmed  by  the  city  coun- 
cil, as  “competent  persons  to  prepare  and  submit  to  the 
city  council,  for  its  adoption  or  rejection,  an  ordinance  in 
revision  of  the  ordinances  of  the  City  of  Springfield,”  and 
for  the  government  thereof.  The  work  thus  assigned  to  the 
revisers  has  been  done,  and  the  result  is  submitted  in  the 
following  pages. 

The  change  of  city  organization  ffbm  the  former  special 
charter  to  that  of  the  general  law  involved  numerous. radi- 
cal and  important  changes  in  our  system  of  municipal  gov- 
ernment and  administration.  It  was  found  requisite  to 
recast  or  frame  anew  nearly  all  of  the  general  ordinances, 
while  such  ordinances,  or  parts  thereof,  as  had  become  ob- 
solete or  inoperative,  are  omitted  entirely ; and  the  large 


SS352:) 


4 


PREFACE. 


increase  of  the  municipality  in  population,  wealth  and  in- 
dustrial enterprises  since  the  last  revision  (1877),  had  ren- 
dered much  additional  legislation  necessary.  To  meet  the 
new  condition  and  requirements  of  our  Capital  City,  has 
been  the  difficult  and  toilsome  task  of  the  present  revisers. 

The  plan  of  the  work  is,  with  some  modifications^  the 
same  as  that  of  the  municipal  code  of  Chicago,  of  1881. 
The  general  incorporation  law,  or  new  charter,  is  given, 
with  its  successive  amendments  embodied  therein,  and  is 
supplied  with  notes  and  references  to  decisions  of  the  Illi- 
nois Supreme  Court.  Following  the  general  law,  and  alpha- 
betically arranged,  are  quite  a number  of  miscellaneous  acts, 
and  parts  of  acts,  relating  to  the  government  of  cities.  Such 
limited  portions  of  the  former  charter  of  the  City  of  Spring- 
field  as  continue  in  force,  together  with  the  water-works 
charter,  are  also  contained  in  this  volume. 

The  general  ordinances  of  the  city  are,  as  the  law  con- 
templates, consolidated  into  one  ordinance,  which  is  divided 
into  chapters  of  varying  lengths,  and  these  are  stib-divided 
into  articles  and  sections,  with  appropriate  headings,  so  as 
to  form,  as  nearly  as  may  be,  a systematic  and  harmonious 
municipal  code.  Under  the  head  of  Special  Ordinances 
will  be  found  a number  of  important  ordinances,  not  hitherto 
published.  The  index  is  made  as  full  and  complete  as 
practicable,  and  so  arranged,  we  trust,  as  to  afford  easy  and 
ready  reference  to  the  various  provisions  of  the  statutes 
and  ordinances. 

With  the  continued  growth  and  expansion  of  the  city,  it 
is  probable  that  the  scope  of  some  of  the  municipal  depart- 
ments, particularly  that  of  Public  Works,  will  need  to  be 
enlarged. 


PREFACE. 


5 


While  perfection  has  been  aimed  at  in  this  revision,  yet, 
from  the  very  nature  of  the  subject  or  subjects,  it  is  more 
or  less  imperfect.  Besides,  there  are  minor,  though  import- 

i 

ant,  details  connected  with  all  legislation  and  revision,  which 
will  escape  the  attention  or  scrutiny  of  the  most  skillful  and 
vigilant  of  draughtsmen  or  legislators ; and  hence,  the  per- 
fecting of  any  system  or  code  of  laws  is  the  work  of  time, 
observation  and  experience. 

“If,”  as  has  been  observed  by  a preceding  reviser,  “the 
present  work  is  any  improvement  upon  former  revisions  and 
compilations,  and  if  it  shall  aid  in  making  the  laws  and 
ordinances  of  the  city  more  generally  known,  more  accessible 
to,  or  more  easily  comprehended  by,  those  who  are  con- 
cerned in  their  administration  or  amenable  to  their  pro- 
visions, then  the  labor  bestowed  upon  its  preparation  will 
not  be  regretted, — a labor  which  only  those  who  have  been 
employed  in  similar  tasks  can  realize,  or  adequately  appre- 
ciate.” 

It  remains  to  be  said,  that  the  thanks  of  the  revisers 
are  due,  and  are  hereby  expressed,  to  the  officers  of  the 
city  government,  and  the  members  of  the  city  council,  indi- 
vidually and  collectively,  for  the  interest  taken  and  assist- 
ance rendered  in  furtherance  of  this  work.  Acknowledgment 
is  also  due  to  Judge  B.  S.  Edwards,  and  the  Hon.  Wm.  L. 
Gross,  for  valuable  hints  and  suggestions. 

Springfield,  III.,  January,  1884. 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/springfieldcityc00spri_0 


CONTENTS 


Page. 

Preface 3 

Catalogue  of  Trustees,  Mayors  and  Aldermen 9 

List  of  Present  City  Officers 17 

Ordinance  Authorizing  this  Publication 20 

Statutes  Relating  to  the  Government  of  the  City  of  Springfield 21 

An  Act  to  Provide  for  the  Incorporation  of  Cities  and  Tillages;  in  force 

July  1,1872 21 

Miscellaneous  Statutes  Affecting  the  Government  of  Cities 80-135 

Portions  of  the  Former  Charter  of  the  City  of  Springfield 136-142 

The  Water-Works  Charter 142 

An  Ordinance  in  Revi-ion  and  Consolidation  of  the  General  Ordinances 

of  the  City  of  Springfield 157 

Chapter  I— The  Mayor  and  His  Duties 157 

“ II— Legislative  Department 159 

“ III— Department  of  Finance 162 

“ IV— Department  of  Public  Works 172 

“ V— Law  Department 181 

‘ ‘ VI— The  Police  Department 184 

“ VII— The  Fire  Department r. 199 

*•  VIII— The  Health  Department 204 

“ IX— City  Scales,  Weights  and  Measures 210 

“ X— Cemeteries  and  Interments 216 

‘ ‘ XI— Domestic  Animals 225 

“ XII— Elections 232 

“ XIII— Fees  and  Salaries..... 237 


8 


CONTENTS 


Page. 


Chapter  XIY— Fire  Limits,  Buildings  and  Fire  Escapes 242 

“ XV— Fires,  Fire-Works  and  Gunpowder 250 

‘ ‘ XVI— Licenses • 255 

“ XVII -Liquors  and  Liquor  Sellers 263 

“ XVIII— Misdemeanors, 270 

“ XIX— Nuisances 281 

“ XX— Officers 286 

‘ ‘ XXI— Ordinances 291 

‘ ‘ XXII— Railroads 294 

% 

‘ ‘ XXIII— Sewers,  Drains,  Gas  and  Water  Pipes 299 

“ XXIV— Sidewalks 303 

“ XXV— Streets  and  Alleys 309 

‘ ‘ XXVI— Street  Lights 314 

“ XXVII— Vehicles 316 

‘ ‘ XX VIII— The  W ater-  W orks , 323 

“ XXIX— Miscellaneous  Ordinances 338 

Amendment  to  General  Ordinance,  relating  to  Railroads 362J4 

Special  Ordinances 365-411 

Appendix 413 

Titles  of  Old  State  Laws  Relating  to  the  Town  and  City  of  Springfield 415 

Population  of  the  City  at  Successive  Decades 419 

Constitution  of  the  State  of  Illinois 420 


General  Index 


453 


Town  and  City  Officers. 


Catalogue  of  the  Trustees  of  the  Town  of  Springfield, 

AND  OF  THE  MaYORS  AND  AlDERMEN  OF  THE  CiTY  OF 

Springfield,  from  the  organization  of  the 
TOWN,  IN  1832,  TILL  1883,  inclusive. 


BOARD  OF  TRUSTEES, 


1832.  Charles  E.  Matheny,  President;  Cyrus  Anderson, 
John  Taylor,  Elisha  Tabor,  Mordecai  Mobley,  William 


Carpenter."^ 


1833.  Charles  E.  Matheny,  President;  t John  M.  Cabanis, 
William  Carpenter,  Samuel  Morris,  Stephen  T.  Logan.* 

1834.  James  E.  Gray,  President;  William  Carpenter,  Ed- 
mund Eoberts,  Nicholas  A.  Garland,  John  Owens. 


1835.  Charles  E.  Matheny,  President;  James  L.  Lamb, 

James  W.  Keyes,  William  Alvey,  William  Carpenter, 

Philip  C.  Latham,  Peleg  C.  Canedy.* 

1836.  Charles  E.  Matheny,  President;  Peleg  C.  Canedy, 
Philip  C.  Latham,  James  W.  Keyes,  John  F.  Eague, 
George  Pasfield.* 

1837.  Charles  E.  Matheny,  President;  Peleg  C.  Canedy, 

Philip  C.  Latham,  William  Butler,  George  Pasfield, 
Joseph  Klein.* 

1838.  Charles  E.  Matheny,  President;  Peleg  C.  Canedj^, 
Philip  C.  Latham,  Joseph  Klein,  Samuel  H.  Treat, 
William  Butler,  Samuel  H.  Treat.* 

1839.  Charles  E.  Matheny,  President;  Peleg  C.  Canedy, 

Philip  C.  Latham,  Joseph  Klein,  Samuel  H.  Treat, 
Abraham  Lincoln,*  Jonas  Whitney.* 

1840.  Peleg  (h  Canedy,  President;  Joseph  Klein,  Jonas 
Whitney,  Philip  C.  Latham,  Abraham  Lincoln. 


*Elected  to  fill  vacancy. 


10 


TOWN  AND  CITY  OFFICERS. 


CITY  COUNCIL.! 

1840.  Mayor — Benjamin  S.  Clements.  Aldermen — Ist  Ward, 
James  E.  Gray;  2d,  Joseph  Klein;  3d,  Washington  lies; 
4th,  William  Prentiss. 

1841.  Mayor — William  L.  May.  Aldermen — 1st  Ward,  James 
E.  Gray;  2d,  Joseph  Klein;  3d,  Harrison  A.  Hough; 
4th,  Stacey  B.  Opdycke. 

1842.  Mayor — Dayid  B.  Campbell.  Aldermen — 1st  Ward, 
John  Williams ; 2d,  William  Carpenter ; 3d,  Harrison  A. 
Hough;  4th,  Stacey  B.  Opdycke. 

1843.  Mayor — Daniel  B.  Hill  resigned;  Andrew  McCor- 
mick elected.  Aldermen — 1st  Ward,  John  Williams ; 2d, 
William  Carpenter;  3d,  Enos  M.  Henkle;  4th,  Presley 
A.  Saunders. 

1844.  Mayor — Andrew  McCormack.  Aldermen — 1st  Ward, 
Jacob  Divelbiss ; 2d,  William  Carpenter;  3d,  Enos  M. 
Henkle ; 4th,  Presley  A.  Saunders. 

1845.  Mayor — James  C.  Conkling.  Aldermen — 1st  Ward, 
Jacob  Divelbiss;  2d,  William  Carpenter;  3d,  Sullivan 
Conant;  4th,  Thomas  P,  Lauschbaugh. 

1846.  Mayor — Eli  Cook.  Aldermen — 1st  Ward,  John  A. 
Keedy;  2d,  William  Carpenter;  3d,  Sullivan  Conant; 
4th,  Thomas  P.  Lauschbaugh. 

1847.  Mayor — Eli  Cook.  Aldermen — 1st  Ward,  John  A. 
Keedy ; 2d,  William  Carpenter ; 3d,  John  Fenner ; 4th, 
John  W.  Priest. 

1848.  Mayor — Eli  Cook.  Aldermen — 1st  Ward,  Jotham  S. 
Eogers ; 2d,  Pascal  P.  Enos;  3d,  John  Fenner;  4th, 
John  W.  Priest. 

1849.  Mayor — John  Calhoun.  Aldermen — 1st  Ward,  Jotham 
S.  Eogers;  2d,  Oliver  W.  Browning;  3d,  David  Sherman; 
4th,  John  W.  Priest. 

1850.  Mayor — John  Calhoun.  Aldermen — 1st  Ward,  Jotham 
S.  Eogers;  2d,  Oliver  W.  Browning;  3d,  David  Sher- 
man ; 4th,  John  W.  Priest. 

tThe  town  of  Springfield  was  incorporated  as  a city  April  6,1840,  the  ’original 
city  charter  having  been  on  that  day  submitted  to  the  legal  voters  of  the  city, 
and  ratified  by  a majority  thereof;  and  afterwards,  on  April  20,  1840,  the  first 
election  was  held  for  city  officers. 


TOWN  AND  CITY  OFFICERS. 


11 


1851.  Mayor — Jchn  Calhoun.  Aldermen — 1st  Ward,  Jotham 
S.  Kodgers,  John  Williams;*  2d,  Oliver  W.  Browning; 
3d,  Enos  M.  Henkle ; 4th,  John  W.  Priest. 

1852.  Mayor — Wm.  Lavely.  Aldermen — 1st  Ward,  Franklin 
Priest ; 2d,  Edward  Joyce ; 3d,  Enos  M.  Henkle ; 4th, 
John  W.  Priest. 

1853.  Mayor — Josiah  Francis.  Alderme^i — 1st  Ward,  Frank- 
lin Priest ; 2d,  Edward  Joyce ; 3d,  Samuel  Grubb ; 4th, 
John  W.  Priest. 

18541.  Mayor — William  H.  Herndon.  Aldermen — 1st  Ward, 
Thomas  Lewis ; Morris  Lindsay,  Allen  Francis ; 2d, 
William  Butler,  Charles  H.  Lanphier,  Charles  E.  Hurst, 
Benjamin  McIntyre  ;*  3d,  Samuel  Grubb,  Thomas  Eags- 
dale,  Henry  Vanhoff,  Edmund  G.  Johns;*  4th,  John  W. 
Priest,  Eeuben  F.  Euth,  Orson  N.  Stafford. 

1855.  Mayor — John  Cook.  Aldermen — 1st  Ward,  Allen  Fran- 
cis, Morris  Lindsay,  Thomas  Lewis;  2d,  John  Connelly, 
Charles  H.  Lanphier,  Benjamin  McIntyre;  3d,  Henry 
B.  Grubb,  Thomas  Eagsdale,  Edmund  G.  Johns;  4th, 
Henry  P.  Cone,  Julius  H.  Currier,  Orson  N.  Stafford. 

1856.  Mayor — John  W.  Priest.  Aldermen — 1st  Ward,  Allen 
Francis,  Morris  Lindsay,  M.  M.  YanDeusen,  Consul 
Sampson;*  2d,  Charles  H.  Lanphier,  Charles  E.  Hurst, 
John  Connelly,  Jr. ; 3d,  George  L.  Huntington,  Edmund 

G.  Johns,  Henry  B.  Grubb,  Thomas  J.  Dennis  ;*  4th, 
Henry  P.  Cone,  Julius  H.  Currier,  William  Harrower. 

1857.  Mayor — John  W.  Priest.  Aldermen — 1st  Ward,  Allen 
Francis,  Ealph  J.  Coats,  Consul  Sampson ; 2d,  Charles 

H.  Lanphier,  Charles  E.  Hurst,  John  Connelly,  Jr. ; 3d, 
Seth  M.  Tinsley,  Thomas  J.  Dennis,  George  L.  Hunt- 
ington ; 4th,  William  Harrower,  Abner  J.  Allen,  Julius 
H.  Currier. 

1858.  Mayor — John  W.  Priest.  Aldermen — 1st  Ward,  Allen 
Francis,  Ealph  J.  Coats,  Consul  Sampson;  2d,  John 
Connelly,  Jr.,  Charles  E.  Hurst,  Charles  H.  Lanphier; 
3d,  Thomas  J.  Dennis,  George  L.  Huntington,  Seth  M. 
Tinsley;  4th,  Dudley  Wickersham,  Abner  J.  Allen,  Wil- 
liam Harrovv^er. 


+ Prior  to  1854  there  was  but  one  alderman  elected  in  each  ward;  the 
amended  charter  of  that  year  increased  the  number  to  three  for  each  ward,  one 
of  whom  was  elected  each  year. 

Elected  to  fill  yacancy. 


12 


TOWN  AND  CITY  OFFICERS. 


1859.  Mavor— William  Jayne.  Aldermen — 1st  Ward,  Harri- 
son (j.  Fitzhugb,  Ralph  J.  Coats,  Allen  Francis;  2d, 
Zimri  A.  Enos,  John  Connelly,  Jr.,  John  Keefner;  3d, 
Henry  Grubb,  Thomas  J.  Dennis,  Seth  M.  Tinsley; 
4th,  G.  B.  Simonds,  Dudley  Wickersham,  W.  W.  Pease, 
Samuel  Long,*  James  P.  Clarkson.* 

1860.  Mayor — Goyn  A.  Sutton.  Aldermen — 1st  Ward,  Ralph 

J.  Coats,  Charles  Fisher,  Harrison  G.  Fitzhugh ; 2d, 
John  W.  Chenery,  John  Connelly,  Jr.,  Zimri  A.  Enos; 
3d,  Daniel  Morse,  Thomas  J.  Dennis,  Henry  B.  Grubb ; 
4th,  Richard  Young,  G.  B.  Simonds,  Dudley  Wicker- 
sham. 

1861.  Mayor — George  L.  Huntington.  Aldermen — 1st  Ward, 
John  S.  Vredenburgh,  Ralph  J.  Coats,  Harrison  G. 
Fitzhugh;  2d,  Cornelius  Ivers,  John  H.  Chenery,  Zimri 
A.  Enos;  3d,  Christopher  C.  Brown,  Henry  B.  Grubb, 
Daniel  Morse;  4th,  Andrew  J.  French,' G.  B.  Simonds, 
Richard  Young. 

1862.  Mayor — George  L.  Huntington.  Aldermen — 1st  Ward, 

Oliver  M.  Sheldon,  Ralph  J.  Coats,  John  S.  Yreden- 
burgh ; 2d,  Charles  H.  Lanphier,  John  W.  Chenery, 

Cornelius  Ivers;  3d,  .Henry  B.  Grubb,  Daniel  Morse, 
Christopher  C.  Brown;  4th,  Obed  Lewis,  Andrew  J. 
French,  Richard  Young. 

1863.  Mayor — John  W.  Smith.  Aldermen — 1st  Ward,  Henry 
Wohlgemuth,  Oliver  M.  Sheldon,  John  S. ‘Vredenburg ; 
2d,  Cornelius  Ivers,  Charles  H.  Lanphier,  Moses  K. 
Anderson ; 3d,  William  J.  Conkling,  Henry  B.  Grubb, 
Daniel  Morse ; 4th,  Andrew  J.  French,  Obed  Lewis, 
Henry  C.  Myers. 

1864.  Mayor — John  S.  Vredenburgh.  Aldermen — 1st  Ward, 
Ralph  J.  Coats,  Oliver  M.  Sheldon,  Henry  Wohlgemuth ; 
2d,  William  Bishop,  Moses  K.  Anderson,  Charles  H. 
Lanphier,  C.  A.  Helmle;*  3d,  William  S.  Curry,  Daniel 
Morse,  Henry  B.  Grubb,  Robert  Officer,*  Wm.  W.  Lee;* 
4th,  Peter  Berriman,  Henry  C.  Myers,  Obed  Lewis, 
Charles  Dallman.* 

1865.  Mayor — Thomas  J.  Dennis.  Aldermen — 1st  Ward, 

Daniei  P.  Broadwell,  Henry  Wohlgemuth,  Ralph  J. 
Coats ; 2d,  Thomas  M.  Rippon,  William  Bishop,  Moses 

K.  Anderson ; 3d,  James  D.  Brown,  Daniel  Morse, 

William  S.  Curry ; 4th,  Charles  R.  Post,  Charles  Dall- 
man, Henry  C.  Myers. 


Elected  1o  fill  vacancy. 


TOWN  AND  CITY  OFFICEKS. 


13 


1866.  Mayor — John  S.  Bradford.  Alderman — 1st  Ward, 

James  M.  Logan,  Ealph  J.  Coats,  Daniel  P.  Broadwell, 
John  0.  Eames  2d,  William  Bishop,  Thomas  M.  Eip- 
pon,  Moses  K.  Anderson ; 3d,  William  J.  Conkling, 
James  I).  Brown,  Jackson  A.  Hough;  4th,  Isaac  A. 
Hawley,  Charles  E.  Post,  Charles  Dallman. 

1867.  Mayor — Norman  M.  Broadwell.  Aldermen — 1st  Ward, 
Adolphus  Schwartz,  James  M.  Logan,  John  0.  Eames; 
2d,  John  S.  Vredenburg,  Moses  K.  Anderson,  Thomas 
M.  Eippon ; 3d,  Nicholas  Strott,  William  J.  Conkling, 
James  D Brown;  4th,  W.  C.  Whitney,  Isaac  A.  Hawley, 
Charles  E.  Post. 

1868.  Mayor — William  E.  Shutt.  Aldermen — Ist  Ward, 

John  Carmody,  Adolphus  Schwartz,  James  M.  Logan; 
2d,  Edward  J.  Eafter,  John  S.  Vredenburg,  Moses  K. 
Anderson;  3d,  James  A.  Lott,  Nicholas  Strott,  William 
J.  Conkling;  4th,  Henry  Loosely,  W.  C.  Whitney,  Isaac 
A.  Hawley. 

1869.  Mayor — Norman  M.  Broadwell.  Aldermen — 1st  Ward, 
Frank  Hudson,  Jr.,  John  Carmody,  William  Clark;  2d, 
George  M.  Brown,  Edward  J.  Eafter,  John  S.  Vreden- 
burgh;  3d,  John  S.  Bradford,  James  A.  Lott,  Nicholas 
Strott;  4th,  Eeddick  M.  Eidgely,  W.  C.  Whitney,  Henry 
Loosely,  Obed  Lewis.* 

1870.  Mayor — John  W.  Priest.  Aldermen — 1st  Ward,  Frank 
W.  Tracy,  Frank  Hudson,  Jr.,  John  Carmody;  2d, 
Hobart  T.  Ives,  George  M.  Brown,  Edward  J.  Eafter, 
Moses  K.  Anderson  ;*  3d,  Henry  N.  Alden,  John  S. 
Bradford,  James  A.  Lott ; 4th,  August  Leneger,  Eeddick 
M.  Eidgely,  Obed  Lewis. 

1871.  Mayor — John  W.  Smith.  Aldermen — 1st  Ward,  Ealph 
J.  Coats,  Frank  W.  Tracy,  Frank  Hudson,  Jr. ; 2d, 
Charles  A.  Helmle,  Hobart  T.  Ives,  Maurice  Fitzgerald ; 
3d,  H.  S.  Dickerman,  Henry  N.  Alden,  John  S.  Brad- 
ford ; 4th,  Lyman  Sherwood,  Obed  Lewis,  Eeddick  M. 
Eidgely. 

1872.  Mayor — John  W.  Smith.  Aldermen — 1st  Ward,  Louis 
Eosette,  Ealph  J.  Coats,  John  W.  Stultz ; 2d,  Maurice 
Fitzgerald,  Charles  A.  Helmle,  Hobart  T.  Ives ; 3d, 
Leonidas  H.  Bradley,  H.  S.  Dickerman,  Henry  N. 
Alden ; 4th,  William  G.  Parker,  Lyman  Sherwood,  Obed 
Lewis. 


Elected  to  fill  vacancy. 


14 


TOWN  AND  CITY  OFFICERS. 


1873.  Mayor — Charles  E.  Hay.  Aldermen — 1st  Ward,  Kich- 
ard  Eoderick,  Louis  Eosette,  Ealph  J.  Coats ; 2d,  Zimri 
A.  Enos,  Maurice  Fitzgerald,  Charles  A.  Helmle ; 3d, 
Tingley  S.  Wood,  Leonidas  H.  Bradley,  H.  S.  Dicker- 
man;  4th,  Joseph  W.  Lane,  William  H.  Hummell, 
William  G.  Parker. 

1874.  Mayor — Obed  Lewis.  Aldermen' — 1st  Ward,_  Manuel 
De  Souza,  William  Hunter,  Thomas  Howey,  Hiram  0. 
Bolles  2d,  Frank  Eeisch,  Jr.,  Zimri  A.  Enos,  Maurice 
Fitzgerald;  3d,  Thomas  G.  Prickett,  Tingley  S.  Wood, 
Leonidas  H.  Bradley,  Ninian  W.  Edwards  ;*  4th,  Edmund 
J.  Scanlau,  William  G.  Parker,  Michael  Eiefler;  5th, 
Eichard  Eoderick,  Frank  Hudson,  Jr.,  Louis  Eosette ; 
6th,  John  T.  Ehodes,  Joseph  W.  Lane,  H.  S.  Dickerman. 

1875.  Mayor — Charles  E.  Hay.  Aldermen — 1st  Ward,  George 
W.  Krodell,  Manuel  De  Souza,  Hiram  0.  Bolles ; 2d, 
William  J.  Flynn,  Frank  Eeisch,  Jr.,  Zimri  A.  Enos  ; 
3d,  Thomas  C.  Mather,  Thomas  G.  Prickett,  Tingley  S. 
Wood ; 4th,  George  McCutcheon,  Edmund  J.  Scanlan, 
Michael  Eiefler;  5th,  William  H.  Staley,  Frank  Hud- 
son, Jr.,  Eichard  Eoderick;  6th,  John  Mayo  Palmer, 
John  T.  Ehodes,  Joseph  W.  Lane. 

1876.  Mayor — William  Jayne.  Aldermen — 1st  Ward,  John 

0.  Piper,  George  W.  Krodell,  Manuel  De  Souza ; 2d, 

Frederick  Walther,  William  J.  Flynn,  Frank  Eeisch, 
Jr. ; 3d,  William  Sands,  Thomas  C.  Mather,  Thomas  G. 
Prickett ; 4th,  William  White,  George  E.  Hough,  Edmund 
J.  Scanlan;  5th,  Charles  Fisher,  William  H.  Staley, 
Frank  Hudson,  Jr. ; 6th,  James  C.  Conkling,  John  Mayo 
Palmer,  John  T.  Ehodes. 

1877.  Mayor — William  Jayne.  Aldermen — 1st  Ward,  Manuel 
Alfonso,  John  0.  Piper,  George  W.  Krodell;  2d,  Alfred 
Orendorff,  Frederick  Walther,  William  J.  Flynn;  3d, 
James  W.  Smith,  William  Sands,  Thomas  C.  Mather; 
4th,  Edmund  J.  Scanlan,  William  White,  George  E. 
Hough ; 5th,  John  0.  Eames,  Charles  Fisher,  William 
H.  Staley;  6th,  John  T.  Ehodes,  James  C.  Conkling, 
John  Mayo  Palmer. 

1878.  Mayor — John  A.  Vincent.  Aldermen — 1st  Ward,  John 
E.  Eosette,  Manuel  Affonso,  John  0.  Piper;  2d,  Joseph 
Trutter,  Dennis  O’Brien,  Alfred  Orendorff;  3d,  Byron  W. 
Ayers,  James  W.  Smith,  William  Sands ; 4th,  Fred. 


* Elected  to  fill  vacancy. 


TOWN  AND  CITY  OFFICERS. 


15 


McCarthy,  Edmund  J.  Scanlan,  William  White;  5th, 
William  H.  Staley,  John  0.  Rames,  Charles  Fisher; 
6th,  Christian  Wolf,  John  T.  Rhodes,  James  C.  Conkling. 

1879.  Mayor — Robert  L.  McGuire.  Aldermen — 1st  Ward, 
John  Brennan,  John  E.  Rosette,  Manuel  Affonso ; 2d, 
Rudolph  Hellweg,  Dennis  O’Brien,  Alfred  Orendorff* ; 3d, 
Joseph  Wallace,  Byron  W.  Ayers,  James  W.  Smith;  4th, 
Richard  O’Donnell,  Fred.  McCarthy,  Edmund  J.  Scanlan  ; 
5th,  Edward  S.  Johnson,  William  H.  Staley,  John  0. 
Rames ; 6th,  Elon  P.  House,  Christian  Wolf,  John  T. 
Rhodes. 

1880.  Mayor — Horace  C.  Irwin.  Aldermen — 1st  Ward,  Anto- 
nia Vieira,  John  Brennan,  John  E.  Rosette;  2nd,  James 
Williams,  Rudolph  Hellweg,  Dennis  O’Brien;  3d,  Henry 

B.  Grubb ; Joseph  Wallace,  Byron  W.  Ayers  ; 4th,  George 
Kern,  Richard  O’Donnell,  Fred.  McCarthy ; 5th,  William 

C.  Wood,  Edward  S.  Johnson,  William  H.  Staley;  6th, 
John  T.  Rhodes,  Elon  P.  House,  Christian  Wolf.* 

1881.  Mayor— Zoim  McCreery.  Aldermen — 1st  Ward,  John 
Foster,  Antonia  Vieira,  Frank  Jacoby;  2d,  George  Rit- 
ter, James  Williams,  John  Fitzgerald;  3d,  James  W. 
Smith,  Henry  B.  Grubb,  Joseph  Wallace ; 4th,  Bartley 
Conlon,  George  Kern,  Richard  O’Donnell;  5th,  John  0. 
Rames,  Edward  S.  Johnson;  6th,  William  Drake,  John 
T.  Rhodes,  Hyppolite  Fayart. 

1882.  f Mayor — A.  N.  J.  Crook.  Aldermen — 1st  Ward,  John 
Foster,  Frank  Jacoby;  2d,  William  Baker,  George  A. 
Ballou;  3d,  George  Ritter,  John  Fitzgerald;  4th,  J.  W. 
Carter,  John  Hopper;  5th,  John  T.  Rhodes,  Frank 
Fleury;  6th,  Edmund  J.  Scanlan,  Martin  Sprague;  7th, 
Fred.  Gehring,  John  J.  Kelly. 


* Resigned;  vacancy  not  filled. 

t The  Mayor,  Aldermen  and  other  elective  officers  for  the  above  year,  were 
elected  at  a special  election  held  May  9,  1882. 


PRESENT  OFFICERS  OF  THE  CITY  COYERNMENT 

Oi’  THE  CITY  OF  SPRINGFIELD. 


Mayor, 

JOHN  McCEEERY. 

City  Clerk, 
BEN.  F.  TALBOTT. 


Members  of  the  City  Council, 


First  Ward: 

William  Daughton,  ' 

Second  Ward: 

Wm.  D.  Baker, 

Third  Ward: 

August  Kessberger, 

Fourth  Ward: 

Geo.  N.  Black, 

Fifth  Ward: 

Edward  A.  Hall, 

Sixth  Ward: 

Edmund  J.  Scanlon, 

Seventh  Ward: 

John  L.  Phillips, 


John  Foster. 


Geo.  a.  Ballou, 


John  Fitzgerald. 


Jas.  W.  Carter. 


Frank  Fleury. 


Thomas  White. 


John  J.  Kelly. 


City  Officers. 


City  Comptroller 

City  Treasurer 

City  Collector 

City  Attorney 

City  Engineer 

Superintendent  of  Police.. 
Superintendent  of  Streets. 

City  Weighier 

Fire  Marshal 

Prison  Keeper 

—2 


.John  C.  Lanphier. 
.Presco  Wright. 
.Fred.  Gehring. 
.Albert  Salzenstein. 
S,  A.  Bullard. 
.William  Maloney. 
.Michael  Doyle. 
.John  B.  Lowry. 
.Thomas  Dunn. 

.Jacob  Alyea. 


Board  of  Education, 


Chakles  E.  Hay 

F.  11.  Feitshans 

A.  H.  Tkapp, 

A.  A.  Coats, 

J.  T.  Capps, 
William  Dpake, 


President. 

Secretary. 

E.  L.  Mereitt, 

C.  A.  Helmle, 

David  S.  Ives, 

John  O.  Rames. 


Board  of  Health. 


John  McCeeeey,  ex  officio 

Ben.  F.  Talbott 

J.  L.  Million,  M.  D., 

B.  M.  Griffith,  M.  D., 
Geo.  W.  Morgan,  M.  D., 


President. 

Secretary. 

V.  T.  Lindsay,  M.  D., 

J.  W.  Reilly,  M.  D., 
Frank  B.  Smith,  M.  D. 


Water  Commissioners. 


H.  0.  Bolles.  R.  D,  Lawrence,  Obed  Lewis, 

L.  R.  Brown Secretary. 


Board  of  Managers  Oak  Eidge  Cemetery. 


H.  WoLGEMUTH,  M,  D President. 

Ben.  F.  Talbott Secretary. 


Obed  Lewis,  James  W.  Patton, 

Isaac  Keys,  Dudley  Wickersham. 

William  F.  Bickes Sexton. 


STATUTES 

AND 

ORDINANCES. 


An  Ordinance 


PROVIDING  FOE  THE  PUBLICATION  OF  THE  LAWS  AND  ORDINANCES  OF  THE  CITY 

OF  SPRINGFIELD. 


Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield,  Illinois: 

Secticn  1.  That  the  ordinances  and  laws  governing  said  city,  including 
the  ordinance  entitled  “An  Ordinance  in  Revision  and  Consolidation  of  the 
General  Ordinances  of  the  City  of  Springfield,”  passed  November  16, 1883,  and 
approved  November  17,  1883,  as  revised  and  codified  by  Joseph  Wallace  and 
James  W.  Patton,  be,  and  the  same  are  hereby,  ordered  printed  and  published 
in  book  form,  to  be  styled  “The  Springfield  City  Code.” 

Sec.  2.  This  ordinance  shall'take  effect  and  be  in  force  from  and  after  its 
passage. 

Passed  Nov.  16. 1883.  Approved  Nov.  17, 1883. 

JOHN  McCREERY,  Mayor. 


STATE  OF  ILLINOIS.  1 
Sangamon  County,  Vss. 

City  of  Springfield.  ) I,  Ben.  F.  Talbott,  City  Clerk  of  the  City  of 
Springfield,  do  hereby  certify  that  the  above  and  foregoing  is  a true  copy  of  an 
ordinance  entitled  “An  Ordinance  Providing  for  the  Publication  of  the  Laws 
and  Ordinances  of  the  City  of  Springfield,”  passed  by  the  City  Council  of  said 
city,  November  16, 1883. 

I further  certify  that  the  original  ordinance,  of  which  the  foregoing  is  a 
certified  copy,  is  by  law  intrusted  to  my  custody  for  safe  keeping,  and  is  on  file 
in  my  office. 

Witness  my  hand  and  the  corporate  seal  of  said  city,  this  28th  day  of  Novem- 
ber, 1883. 

J SEAL  OF  THE  I ’ BEN.  F.  TALBOTT, 

I CITY  OF  SPRINGFIELD.  ) (j^y  Clerk. 


STATUTES 


RELATING  TO 

THE  GOVEKNMENT  OF  THE  CITY  OF  SPEINGFIELD. 


AN  ACT  TO  PROVIDE  FOR  THE  INCORPORATION  OF  CITIES  AND 

VILLAGES.  [Approved  April  10,  1872;  in  force  July  1,  1872.] 

Adopted  by  the  city  of  Sprinsrfleld,  at  an  election  held  April  4, 1882,  and  de- 
clared by  the  city  council  April  6, 1882. 


Be  it  enacted  by  the  People  of  the  State  of  Illinois,  npie- 
sentecl  in  the  General  Assembly,  as  folloios: 

Article  I. 

THE  ORGANIZATION  OF  CITIES. 

1.  How  a city  may  adopt  this  act.]  Sec.  1.  That  any  city 
now  existing  in  this  State  may  become  incorporated  under 
this  act  in  the  manner  following:  Whenever  one-eighth  of 
the  legal  voters  of  such  city,  voting  at  the  last  preceding 
municipal  election,  shall  petition  the  mayor  and  council 
thereof  to  submit  the  question  as  to  whether  such  city  shall 
become  incorporated  under  this  act  to  a vote  of  the  electors 
in*  such  city,  it  shall  be  the  duty  of  such  mayor  and  council 
to  submit  such  question  at  the  next  ensuing  municipal  elec- 
tion of  such  city,  or  on  the  third  Tuesday  of  April,  as  pro- 
vided for  in  article  four  (4)  of  said  act,  for  holding  municipal 
elections:  Provided,  there  shall  be  sufficient  time  interven- 
ing to  give  the  notice  required  by  law.^  [As  amended  by 
act  approved  and  in  force  Februrary  26,  1881. 


1.  Vide  Glencoe  vs.  People,  80  111.,  382;  Chicago  vs.  People,  80  111,,  496. 


22 


STATUTES  KELATING  TO 


2.  Notice  of  election.]  § 2.  The  mayor  of  such  city 
shall  give  at  least  thirty  days’  notice  of  such  election,  by 
publishing  a notice  thereof  in  one  or  more  newspapers  with- 
in such  city;  but  if  no  newspaper  is  published  therein,  then 
by  posting  at  least  five  copies  of  such  notice  in  each  ward. 

3.  J'he  ballots — 7'esult.]  § 3.  The  ballots  to  be  used  at 
such  election  shall  be  in  the  following  form : “For  city 
organization  under  general  law,”  or  “Against  city  organiza- 
tion under  general  law.”  The  judges  of  such  election  shall 
make  returns  thereof  to  the  city  council,  whose  duty  it  shall 
be  to  canvass  such  returns  and  cause  the  result  of  such 
canvass  to  be  entered  on  the  records  of  such  city.  If  a 
majority  of  the  votes  cast  at  such  election  shall  be  for  city 
organization  under  general  law,  such  city  shall  thenceforth 
be  deemed  to  be  organized  under  this  act ; and  the  city 
officers  then  in  office  shall  thereupon  exercise  the  powers 
conferred  upon  like  officers  in  this  act,  until  their  successors 
shall  be  elected  and  qualified.^ 

4.  How  toivns  may  become  cities.]  § 4.  Any  incorporated 
town  or  village  in  this  State,  having  a population  of  not  less 
than  one  thousand  (1,000)  inhabitants,  may  become  incor- 
porated as  a city  in  like  manner  as  hereinbefore  provided ; 
but  in  all  such  cases  the  president  and  board  of  trustees  of 
such  town  or  village  shall,  respectively,  perform  the  same 
duties  relative  to  such  change  of  organization  as  is  above 
required  to  be  performed  by  the  mayor  and  council  of  cities. 
[As  amended  by  act  approved  May  25,  1877. 

5.  Organizing  a city  — petition  — election  — result,]  § 5. 
Whenever  any  area  of  contiguous  territory  in  this  State,  not 
exceeding  four  square  miles,  shall  have  resident  thereon  a 
population  of  not  less  than  one  thousand  inhabitants,  which 
shall  not  already  be  included  within  any  incorporated  town 
or  city,  the  same  may  become  incorporated  as  a city  in 
manner  following : Any  fifty  legal  voters  thereof  may  file 
in  the  office  of  the  clerk  of  the  county  court  of  the  county 
in  which  such  inhabitants  reside,  a petition,  addressed  to 
the  judge  of  such  court;  and  if  the  territory  described  in 
said  petition  shall  be  in  more  than  one  county,  then  the 
petition  shall  be  addressed  to  the  judge  of  the  court  where 
a greater  part  of  such  territory  is  situated;  which  petition 
shall  define  the  boundaries  of  such  proposed  city,  and  state 
the  number  of  inhabitants  residing  within  such  limits,  and 
also  state  the  name  of  such  proposed  city,  and  shall  contain 
a prayer  that  the  question  be  submitted  to  the  legal  voters 

1.  The  mode  of  contesting  such  election  is  indicated  in  Dickey  vs.  Reed,  78 
111.,  382. 

(a)  For  effect  of  change  of  organization  upon  offices,  see  The  People  vs 
Brown,  83  III.,  95;  also,  Crook  vs.  The  People  ex  rel..  106  III.,  237. 


THE  CITY  OF  SPKINGFIELD. 


23 


residing  within  such  limits,  wdiether  they  will  organize  as  a 
city  under  this  act.  It  shall  be  the  duty  of  the  county 
judge  to  fix  a time  and  place,  within  the  boundaries  of  such 
proposed  city,  at  which  an  election  may  be  held  to  deter- 
mine such  question;  and  such  judge  shall  name  the  persons 
to  act  as  judges  in  holding  such  election,  and  shall  give 
notice  thereof  by  causing  ten  notices  to  be  posted  in  public 
places  within  such  proposed  city.  And  the  third  section  of 
this  article  shall  be  applicable  to  such  election : Provided, 
that  the  returns  of  such  election  shall  be  made  to  and  can- 
vassed by  the  county  judge  and  any  two  justices  of  the 
peace  whom  he  shall  call  to  his  assistance,  instead  of  the 
city  council ; and  the  result  of  such  election  shall  be  entered 
upon  the  records  of  such  county  court.  If  a majority  of 
the  votes  cast  at  such  election  shall  be  “For  city  organiza- 
tion under  general  law,”  the  inhabitants  of  such  territory 
described  in  such  petition  shall  be  deemed  to  be  incorpor- 
ated as  a city,  under  this  act,  and  with  the  name  stated  in 
such  petition,  [See  post  § 176. 

6.  Courts  to  take  judicial  notice  of  organization,  etcf]  § 6. 
All  courts  in  this  State  shall  take  judicial  notice  of  the  ex- 
istence of  all  villages  and  cities  organized  under  this  act, 
and  of  the  change  of  organization  of  any  town  or  city  from 
its  original  organization  to  its  organization  under  this  act ; 
and  from  the  time  of  such  organization,  or  change  of  organ- 
ization, the  provisions  of  this  act  shall  be  applicable  to  such 
cities  and  villages,  and  all  laws  in  conflict  therewith  shall 
no  longer  be  applicable.  But  all  laws  or  parts  of  laws  not 
inconsistent  with  the  provisions  of  this  act  shall  continue  in 
force  and  applicable  to  any  such  city  or  village  the  same  as 
if  such  change  of  organization  had  not  taken  place. ^ 

7. _  Election  of  officers.]  § 7.  It  shall  be  the  duty  of  the 
president  and  board  of  trustees  of  any  town  which  shall 
have  voted  to  change  its  organization  to  a city,  under  this 
act,  to  call  and  give  notice  of  an  election  to  elect  city 
officers,  and  to  designate  the  time  and  place  or  places  of 
holding  the  same.  Such  notice  shall  be  published  in  a 
newspaper,  if  there  be  one,  within  the  town,  or  posted  in 
ten  public  places,  for  at  least  twenty  days  before  such  elec- 
tion. Such  president  and  trustees  shall  appoint  the  judges 
and  clerks  to  hold  such  election,  canvass  the  returns  there- 
of, and  cause  the  result  to  be  entered  upon  the  records  of 
the  town ; and  the  provisions  of  this  act  relative  to  the 

1.  As  to  when  courts  will  take  notice  of  change  of  organization,  see  Brush 
vs.  Lemma,  77  111.,  496. 

(a)  The  question  as  to  the  organization  of  a city  can  only  be  raised  by  a 
direct  proceeding  in  the  nature  of  a quo  warranto  against  its  officers.  Sheriden 
vs.'Colvin,  78  111.,  242. 

(b)  A city,  having  adopted  the  general  law,  is  governed  by  and  bound  by  all 
subsequent  amendments  made  to  such  law.  Guild  vs.  Chicago,  82  111.,  472. 


24 


STATUTES  RELATING  TO 


election  of  city  officers  shall  be  applicable  thereto ; but,  at 
such  election,  aldermen  may  be  elected  on  a general  ticket. 

8.  When  county  judge  to  give  notice  of  election,  etc.']  § 8. 
In  case  of  cities  organizing  under  section  five  (5)  of  this 
article,  the  county  judge  shall  call  and  give  notice  of  the 
election,  and  perform  the  same  duties  relative  thereto  as  is 
above  required  to  be  performed  by  president  and  trustees  of 
such  town,  and  in  canvassing  such  returns,  shall  call  to  his 
assistance  two  justices  of  the  peace. 

9.  Term  of  first  officers.]  § 9.  The  city  officers  elected 
under  either  of  the  preceding  sections  shall  hold  their  re- 
spective offices  until  the  next  succeeding  regular  election  of 
such  officers,  respectively,  and  until  their  successors  are 
elected  and  qualified,  as  provided  in  this  act. 

10.  Corporate  name — powers.]  § 10.  Cities  organized 
under  this  act  shall  be  bodies  politic  and  corporate,  under 
the  name  and  style  of  “City  of  (name),”  and  under  such 
name  may  sue  and  be  sued,  contract  and  be  contracted 
with,  acquire  and  hold  real  and  personal  property  for  cor- 
porate purposes,  have  a common  seal,  and  change  the  same 
at  pleasure,  and  exercise  all  the  powers  hereinafter  con- 
ferred.^ 

11.  Prior  ordinances,  etc.,  in  force  until,  'etc.]  § 11.  All 
ordinances,  resolutions  and  by-laws,  in  force  in  any  city  or 
town  when  it  shall  organize  under  this  act,  shall  continue 
in  full  force  and  effect  until  repealed  or  amended,  notwith- 
standing such  change  of  organization;  and  the  making  of 
such  change  of  organization  shall  not  be  construed  to  effect 
a change  in  the  legal  identity,  as  a corporation,  of  such 
city  or  town.^ 

12.  Rights,  etc.,  of  old  corporation  to  vest  in  new.]  § 12. 
All  rights  and  property  of  every  kind  and  description,  which 
were  vested  in  any  municipal  corporation  under  its  former 
organization,  shall  be  deemed  and  held  to  be  vested  in  the 
same  municipal  incorporation  upon  its  becoming  incorporated 
under  the  provisions  of  this  act ; but  no  rights  or  liabilities, 
either  in  favor  of  or  against  such  corporation,  existing  at 


1.  Contracts  of  public  corporations,  made  through  their  officers  without 
authority  of  law,  are  void.  Miller  vs.  Goodwin,  70  111.,  059. 

(a)  Work  done  outside  of  a special  contract,  by  direction  of  a city  where 
there  is  such  a contract,  may  be  recovered  ot  the  city.  Sanger  vs.  Chicago,  65 
111.,  510. 

(5)  A city  is  not  liable  for  the  support  of  paupers.  Burke  vs.  Monroe  county, 
77  111.,  613. 

(e)  It  may  be  compelled  by  mandamus  to  put  its  streets  in  repair.  People 
vs.  City  of  Bloomington,  63  111.,  207. 

(d)  Execution  cannot  issue  against  a city.  Elgin  vs.  Eaton,  83  111.,  535. 

2.  Effect  of  re-organization  under  general  law  upon  prior  powers  and  ordi- 
nances under  special  charter.  City  of  Cairo  vs.  Bross,  101  111.,  475. 


THE  CITY  OF  SPBINGFIELD. 


25 


the  time  of  so  becoming  incorporated  under  this  act,  and  no 
suit  or  prosecution  of  any  kind,  shall  be  affected  by  such 
change,  but  the  same  shall  stand  and  progress  as  if  no 
change  had  been  made^ : Provided,  that  when  a different 
remedy  is  given  by  this  act,  which  may  properly  be  made 
applicable  to  any  right  existing  at  the  time  of  such  city  so 
becoming  incorporated  under  this  act,  the  same  shall 
be  deemed  cumulative  to  the  remedies  before  provided,  and 
used  accordingly. 

13.  Record  of  residt  of  election.]  § 13.  The  corporate 
authorities  of  any  city  or  village  which  may  become  organ- 
ized under  this  act,  shall  within  three  months  after  organi- 
zation hereunder,  cause  to  be  filed  in  the  office  of  the 
recorder  of  deeds,  in  the  county  in  which  such  city  or  village 
is  situated,  a certified  copy  of  the  entry  made  upon  the 
records  of  the  city,  village  or  county  court,  of  the  canvass 
of  the  votes,  showing  the  result  of  such  election,  whereby 
such  city  or  village  became  so  organized ; and  such  recorder 
of  deeds  shall  record  the  same.  And  such  corporate  author- 
ities shall  also  cause  a like  certificate  to  be  filed  in  the 
office  of  the  Secretary  of  State,  who  shall  file  the  same  and 
keep  a registry  of  cities  and  villages  organized  under  this 
act. 

14.  City  register's  offiee  abolished.]  § 14.  If  any  city 
organized,  or  which  may  hereafter  organize,  under  this  act, 
shall  have  had  by  the  terms  and  provisions  of  its  special 
charter,  a city  register’s  office  or  other  office  in  which  deeds, 
mortgages  or  other  instruments  were  required  or  authorized 
by  law  to  be  recorded  in  lieu  of  recording  the  same  in  the 
recorder’s  office  in  the  county  where  said  city  was  situated, 
such  city  register’s  office  or  recorder’s  shall  be  discontinued 
under  this  act,  and  the  city  register  or  recorder  or  other 
officer  having  the  custody  of  the  records,  books  and  papers 
pertaining  to  such  city  register  or  recorder’s  office,  shall 
deposit  such  records  and  books  and  papers  in  the  office  of 
the  recorder  of  deeds  of  the  county  in  which  such  city  is 
situated,  and  shall  take  the  receipt  of  the  recorder  of  deeds 
therefor,  and  such  records  and  books  and  papers  shall  from 
thereafter  be  deemed  and  held  for  all  purposes  a part  of 
the  records  of  the  recorder’s  office  of  such  county,  and  shall 
have  like  legal  effect  as  if  the  same  had  been  originally  a 
part  of  the  records  of  such  county  recorder’s  office,  for  all 
purposes  whatsoever,  and  the  same,  or  certified  transcripts 
made  therefrom,  shall  have  like  force  and  effect  as  evidence 
as  other  records  of  said  recorder’s  office.  [This  section  added 
to  said  act  by  amendment,  approved  May  15,  1879. 

1.  Such  new  corporation  is  subject  to  the  liabilities  of  the  prior  corporation 
which  it  absorbs  and  is  a continuation  thereof.  Olney  vs.  Harvey,  50  111,,  453. 


26 


STATUTES  RELATING  TO 


Article  II. 

OF  THE  MAYOR. 

15.  Mayor— his  qualifications.']  § 1.  The  chief  executive 
officer  of  a city  shall  be  a mayor,  who  shall  be  a citizen  of 
the  United  States,  a qualified  elector,  reside  within  the  city 
limits,  and  hold  his  office  for  two  years,  and  until  his  suc- 
cessor is  elected  and  qualified. 

16.  Vacancy  one  year  or  over.]  § 2.  Whenever  a 
vacancy  shall  happen  in  the  office  of  the  mayor,  when  the 
unexpired  term  shall  be  one  year  or  over  from  the  date  when 
the  vacancy  occurs,  it  shall  be  filled  by  an  election. 

17.  Vacancy  less  than  year.]  § 3.  If  the  vacancy  is 
less  than  one  year,  the  city  council  shall  elect  one  of  its 
number  to  act  as  mayor,  who  shall  possess  all  the  rights 
and  powers  of  the  mayor  until  the  next  annual  election,  and 
until  his  successor  is  elected  and  qualified. 

18.  Mayor  pro  tern.]  § 4.  During  a temporary  absence 
or  disability  of  the  mayor,  the  city  council  shall  elect  one 
of  its  number  to  act  as  mayor  pro  tein.,  who,  during  such 
absence  or  disability,  shall  possess  the  powers  of  mayor.^ 

19.  Vacancy  hy  removal  from  city.]  § 5.  If  the  mayor,  at 
any  time  during  the  term  of  his  office,  shall  remove  from  the 
limits  of  the  city,  his  office  shall  thereby  become  vacated. 

20.  Mayor  to  preside — casting  vote.]  § 6.  The  mayor 
shall  preside  at  all  meetings  of  the  city  council,  but  shall 
not  vote  except  in  case  of  a tie,  when  he  shall  give  the 
casting  vote. 

21.  When  he  may  remove  officers.]  § 7.  The  mayor 
shall  have  power  to  remove  any  officer  appointed  by  him, 
on  any  formal  charge,  whenever  he  shall  be  of  the  opinion 
that  the  interests  of  the  city  demand  such  removal,  but  he 
shall  report  the  reasons  for  such  removal  to  the  council  at 
a meeting  to  be  held  not  less  than  five  days  nor  more  than 
ten  days  after  such  removal ; and  if  the  mayor  shall  fail,  or 
refuse  to  file  with  the  city  clerk  a statement  of  the  reasons 
for  such  removal,  or  if  the  council,  by  a two-third  (f)  vote 
of  all  its  members  authorized  by  law  to  be  elected,  by  yeas 
and  nays  to  be  entered  upon  its  record,  disapprove  of  such 
removal,  such  officer  shall  thereupon  become  restored  to  the 
office  from  which  he  was  so  removed ; but  he  shall  give  new 
bonds  and  take  a new  oath  of  office.  No  officer  shall  be 
removed  a second  time  for  the  same  offense.  [As  amended 
by  act  approved  May  31,  1879. 

1.  The  powers  of  the  city  council  can  not  be  delegated  to  the  mayor  by 
ordinance.  Kinmundy  vs.  Mahan,  72  111,,  463;  Jackson  County  vs.  Brush,  77 

111.,  5fl. 


THE  CITY  OF  SPRINGFIELD. 


27 


22.  His  power  to  keep  peace.']  § 8.  He  may  exercise, 
within  the  city  limits,  the  powers  conferred  upon  sheriffs  to 
suppress  disorder  and  keep  the  peace.  [See  post  § 84. 

23.  Release  of  prisoners.]  § 9.  He  may  release  any  per- 
son imprisoned  for  violation  of  any  city  ordnance,  and  shall 
report  such  release,  with  the  cause  thereof,  to  the  council  at 
its  first  session  thereafter. 

24.  General  duties.]  § 10.  He  shall  perform  all  such 
duties  as  are  or  may  he  prescribed  by  law  or  by  the  city 
ordinances,  and  shall  take  care  that  the  laws  and  ordinances 
are  faithfully  executed. 

25.  Power  to  examine  records,  etc.]  § 11.  He  shall  have 
power  at  all  times  to  examine  and  inspect  the  books,  records 
and  papers  of  any  agent,  employe  or  officer  of  the  city. 

26.  Messages  to  council.]  § 12.  The  mayor  shall,  annu- 
ally, and  from  time  to  time,  give  the  council  information 
relative  to  the  affairs  of  the  city,  and  shall  recommend  for 
their  consideration  such  measures  as  he  may  deem  expedient. 

27.  To  call  out  militia,  etc. — riots,  etc.]  § 13.  He  shall 
have  power,  when  necessary,  to  call  on  every  male  inhabit- 
ant of  the  city  over  the  age  of  eighteen  years,  to  aid  in 
enforcing  the  laws  and  ordinances,  and  to  call  out  the  militia 
to  aid  in  suppressing  riots  and  other  disorderly  conduct,  or 
carrying  into  effect  any  law  or  ordinance,  subject  to  the 
command  of  the  governor  as  commander-in-chief  of  the  militia. 

28.  Misconduct,  etc.,  of  mayor  or  other  officer — penalty.] 
§ 14.  In  case  the  mayor  or  any  other  municipal  officer  shall 
be  guilty  of  a palpable  omission  of  duty,  or  shall  willfully 
and  corruptly  be  guilty  of  oppression,  malconduct  or  mis- 
feasance in  the  discharge  of  the  duties  of  his  office,  he  shall 
be  liable  to  indictment  in  any  court  of  competent  jurisdic- 
tion, and,  on  conviction,  shall  be  fined  in  a sum  not  exceed- 
ing $1,000;  and  the  court  in  which  such  conviction  shall  be 
had  shall  enter  an  order  removing  such  officer  from  office. 

29.  Revising  ordinances  after  change  of  organization.]  § 15. 
He  may  appoint,  by  and  with  the  advice  and  consent  of  the 
city  council,  immediately  after  such  change  of  organization, 
one  or  more  competent  persons  to  prepare  and  submit  to  the 
city  council,  for  their  adoption  or  rejection,  an  ordinance  in 
revision  of  the  ordinances  of  such  city,  and  for  the  govern- 
ment of  such  city,  the  compensation  of  such  reviser  or  revisers 
to  be  determined  and  fixed  by  the  city  council  and  paid  out 
of  the  city  treasury. 


28 


STATUTES  EELATING  TO 


Article  III. 

OF  THE  CITY  COUNCIL. 

30.  Council — hoiv  composed.]  § 1.  The  city  council  shall 
consist  of  the  mayor  and  aldermen. 

31.  Number  of  aldermen.]  § 2.  The  number  of  aldermen, 
when  not  elected  by  the  minority  representation  plan,  shall 
be  as  follows:  In  cities  [of]  not  exceeding  three  thousand 
inhabitants,  six  aldermen ; exceeding  three  thousand  but 
not  exceeding  five  thousand,  eight  aldermen;  exceeding  five 
thousand  and  not  exceeding  ten  thousand,  ten  aldermen; 
exceeding  ten  thousand  and  not  exceeding  thirty  thousand, 
fourteen  aldermen;  and  two  additional  aldermen  for  every 
twenty  thousand  inhabitants  over  thirty  thousand  : Provided, 
however,  that  in  cities  of  over  100,000  inhabitants,  there  shall 
be  elected  thirty-six  aldermen  and  no  more.  [See  post  § 176. 

32.  Term  of  office.]  § 3.  Aldermen  shall  hold  their  office 
for  the  term  of  two  years,  and  until  their  successors  are 
elected  and  qualified. 

33.  Vacancy.]  § 4.  If  any  vacancy  shall  occur  in  the 
office  of  alderman  by  death,  resignation  or  removal,  such 
vacancy  shall  be  filled  by  election. 

34.  Qualification  of  aldermen.]  § 5.  No  person  shall  be 
eligible  to  the  office  of  alderman  unless  he  shall  be  a quali- 
fied elector,  and  reside  within  the  ward  for  which  he  was 
elected,  nor  shall  he  be  eligible  if  he  is  in  arrears  in  the 
payment  of  any  tax  or  other  liability  due  to  the  city;  nor 
shall  he  be  directly  or  indirectly  interested  in  any  contract 
whatever  to  which  the  city  is  a party ; nor  shall  he  be  eligible 
if  he  shall  have  been  convicted  of  malfeasance,  bribery  or 
corrupt  practices  or  crimes;  nor  shall  he  be  eligible  to  any 
office  the  salary  of  which  is  payable  out  of  the  city  treasury, 
if  at  the  time  of  his  appointment  he  shall  be  a member  of 
the  city  council ; nor  shall  any  member  of  the  city  council 
at  the  same  time  hold  any  other  office  under  the  city  govern- 
ment ; nor  shall  he  be  either  directly  or  indirectly,  individu- 
ally, or  as  a member  of  a firm,  engaged  in  any  business 
transaction  (other  than  official)  with  such  city,  through  its 
mayor  or  any  of  its  authorized  boards,  agents  or  attorneys, 
whereby  any  money  is  to  be  paid,  directly  or  indirectly,  out 
of  the  city  treasury  to  such  member  or  firms. 

35.  Council  judge  of  its  members.]  § 6.  The  city  council 
shall  be  judge  of  the  election  and  qualification  of  its  own 
members. 


THE  CITY  OF  SPEINGFIELD. 


29 


36.  Rxdes—expulsion — bribery. ] § 7.  It  shall  determine 

its  own  rules  of  proceeding,  punish  its  members  for  dis- 
orderly conduct,  and  with  the  concurrence  of  two-thirds  of 
the  aldermen  elect,  may  expel  a member,  but  not  a second 
time  for  the  same  offense : Provided,  that  any  alderman  or 
councilman  who  shall  have  been  convicted  of  bribery,  shall 
thereby  be  deemed  to  have  vacated  his  office. 

37.  Quorum — compelling  attendance.']  § 8.  A majority 
of  the  aldermen  shall  constitute  a quorum  for  to  do  busi- 
ness, but  a smaller  number  may  adjourn  from  time  to  time, 
and  may  compel  the  attendance  of  absentees,  under  such 
penalties  as  may  be  prescribed  by  ordinance. 

38.  Meetings.]  § 9.  The  city  council  may  prescribe, 
by  ordinance,  the  times  and  places  of  the  meeting  thereof, 
and  the  manner  in  which  special  meetings  thereof  may  be 
called. 

39.  Chairman,  pro  tern.]  § 10.  It  may  elect  a tem- 
porary chairman  in  the  absence  of  the  mayor. 

40.  Open  doors.]  § 11.  It  shall  sit  with  open  doors. 

41.  Journal.]  § 12.  It  shall  keep  a journal  of  its  own 
proceedings. 

42.  Yeas  and  nays — record  — vote  required.]  § 13.  The 
yeas  and  nays  shall  be  taken  upon  the  passage  of  all  ordi- 
nances, and  on  all  propositions  to  create  any  liability  against 
the  city,  or  for  the  expenditure  or  appropriation  of  its 
money,  and  in  all  other  cases  at  the  request  of  any  mem- 
ber, which  shall  be  entered  on  the  journal  of  its  proceed- 
ings ; and  the  concurrence  of  a majority  of  all  the  members 
elected  in  the  city  council  shall  be  necessary  to  the  passage 
of  any  such  ordinance  or  proposition : Provided,  it  shall  re- 
quire two-thirds  of  all  the  aldermen  elect  to  sell  any  city  or 
school  property. 

43.  Not  to  rescind  vote  at  special  meeting  unless,  etc.]  § 14. 
No  vote  of  the  city  council  shall  be  reconsidered  at  a special 
meeting,  unless  at  such  special  meeting  there  be  present  as 
large  a number  of  aldermen  as  were  present  when  such  vote 
was  taken. 

44.  When  report  laid  over.]  § 15.  Any  report  of  a 
committee  of  the  council  shall  be  deferred,  for  final  action 
thereon,  to  the  next  regular  meeting  of  the  same  after  the 
report  is  made,  upon  the  request  of  any  two  aldermen  present. 

45.  Territorial  jurisdiction.]  § 16.  The  city  council  and 
board  of  trustees  shall  also  have  jurisdiction  in  and  over  all 
places  within  one-half  mile  of  the  city  or  village  limits,  for 


30 


STATUTES  RELATING  TO 


the  purpose  of  enforcing  health  and  quarantine  ordinances 
and  regulations  thereof.  [See  post  § 72  and  171. 

46.  Special  meetings.']  § 17.  The  mayor,  or  any  three 
aldermen,  may  call  special  meetings  of  the  city  council. 

47.  Ordinances — approved — veto.]  § 18.  All  ordinances 
passed  by  the  city  council  shall,  before  they  take  effect,  be 
deposited  in  the  office  of  the  city  clerk;  and  if  the  mayor 
approves  thereof,  he  shall  sign  the  same,  and  such  as  he 
shall  not  approve  he  shall  return  to  the  council,  with  his 
objections  thereto,  in  writing,  at  the  next  regular  meeting  of 
the  council  occurring  not  less  than  five  days  after  the  pass- 
age thereof.  Such  veto  may  extend  to  any  one  or  more 
items  or  appropriations  contained  in  any  ordinance  making 
an  appropriation,  or  to  the  entire  ordinance ; and  in  case 
the  veto  only  extends  to  a part  of  such  ordinance,  the  resi- 
due thereof  shall  take  effect  and  be  in  force.  But  in  case 
the  mayor  shall  fail  to  return  any  ordinance,  with  his  ob- 
jections thereto,  by  the  time  aforesaid,  he  shall  he  deemed 
to  have  approved  such  ordinance,  and  the  same  shall  take 
effect  accordingly. 

48.  Reconsideration — passing  over  veto.]  § 19.  Upon  the 
return  of  any  ordinance  by  the  mayor,  the  vote  by  which 
the  same  was  passed  shall  be  reconsidered  by  the  council ; and 
if,  after  such  reconsideration,  two-thirds  of  all  the  members 
elected  to  the  city  council  shall  agree,  by  yeas  and  nays,  to 
pass  the  same,  it  shall  go  into  effect,  notwithstanding  the 
mayor  may  refuse  to  approve  thereof.  The  vote  to  pass  the 
same  over  the  mayor’s  veto  shall  be  taken  by  yeas  and  nays, 
and  entered  on  the  journal. 

Article  IV. 

ELECTIONS. 

49.  Annual  election.]  § 1.  A general  election  for  city 

officers  shall  be  held  on  the  third  Tuesday  of  April  of  each 
year:  Provided,  that  in  cities  which  include  wholly  within 

their  corporate  limits  a town  or  towns,  such  elections  shall 
be  held  on  the  first  Tuesday  of  April.  [As  amended  by  act 
approved  and  in  force  March  9,  1877. 

50.  Election  of  mayor,  city  clerk,  attorney  and  treasurer.] 
§ 2.  At  the  general  election  held  in  1877,  and  biennially 
thereafter,  a mayor,  a city  clerk,  a city  attorney  and  a city 
treasurer  shall  be  elected  in  each  city:  Provided,  that  no 
person  shall  be  elected  to  the  office  of  city  treasurer  for  two 
terms  in  succession.  [iVs  amended  by  act  approved  and  in 
force  March  26,  1877. 


THE  CITY  OF  SPEINGFIELD. 


31 


51.  Who  entitled  to  vote.]  § 3.  All  persons  entitled  to 
vote  at  any  general  election  for  State  officers  within  any 
city  or  village,  having  resided  therein  thirty  days  next  pre- 
ceding thereto,  may  vote  at  any  election  for  city  or  village 
officers. 1 

52.  Wards.]  § 4.  The  city  council  may,  from  time  to  time, 
divide  the  city  into  one-half  as  many  wards  as  the  total 
number  of  aldermen  to  which  the  city  is  entitled ; and  one 
alderman  shall,  annually,  be  elected  in  and  for  each  ward, 
to  hold  his  office  for  two  years,  and  until  his  successor  is 
elected  and  qualified.  In  the  formation  of  wards,  the  popu- 
lation of  each  shall  be  as  nearly  equal,  and  the  ward  shall 
be  of  as  compact  and  contiguous  territory,  as  practicable. 

53.  Aldennen  at  first  election — classified.]  § 5.  At  the 
first  election  under  this  act,  there  shall  be  elected  the  full 
number  of  aldermen  to  which  the  city  shall  be  entitled.  At 
the  first  meeting  of  the  city  council  after  such  election, 
the  aldermen  elected  shall  be  divided,  by  lot,  into  two 
classes:  those  of  the  first  class  shall  continue  in  office  for 
one  ’year,  and  those  of  the  second  for  two  years.  And  upon 

-any  increase  of  the  number  of  aldermen,  at  their  first  elec- 
tion, one-half  shall  be  elected  for  one  year,  and  one-half 
for  two  years. 

54.  Minority  representation.]  § 6.  Whenever  this  act 
shall  be  submitted  to  the  qualified  electors  of  any  city 
for  adoption,  there  shall  be  submitted  at  the  same  time,  for 
adoption  or  rejection,  the  question  of  minority  representation 
in  the  city  council  or  legislative  authority  of  such  city.  At 
the  said  election  the  ballot  shall  be  in  the  following  form : 
“For  minority  representation  in  the  city  council,”  or  “Against 
minority  representation  in  the  city  council,”  and  at  any  sub- 
sequent time,  on  petition  of  the  legal  voters  equal  in  num- 
ber to  one-eighth  the  number  of  legal  votes  cast  at  the  next 
preceding  general  city  election,  the  city  council  shall  cause 
the  question  of  minority  representation  to  be  submitted  to 
the  legal  voters  of  said  city,  and  the  ballots  shall  be  in 
form  as  provided  in  this  section : Provided,  that  no  such 
question  of  representation  shall  be  submitted  more  than 
once  in  every  two  years.  The  judges  of  such  election  shall 
make  returns  thereof  to  the  city  council,  whose  duty  it  shall 
be  to  canvass  such  returns,  and  cause  the  result  of  such 
canvass  to  be  entered  on  the  records  of  such  city.  If  a 
majority  of  the  votes  cast  at  such  election  shall  be  “For 
equal  representation  in  the  city  council,”  then  the  members 
of  the  city  council  or  legislative  authority  of  such  city  shall 
be  thereafter  elected  in  the  following  manner:  The  council 

1.  See  “Elections,”  chap.  46,  §§  65,  66,  Rev.  Stat.  fHurd)  1883. 


32 


STATUTES  RELATING  TO 


or  legislative  authority  of  such  city,  at  least  one  month 
before  the  general  election  in  the  year  in  which  this  act 
shall  take  effect  in  such  city,  shall  apportion  such  city,  by 
dividing  the  population  thereof  as  ascertained  by  the  last 
federal  census,  by  any  number  not  less  than  two  nor  more 
than  six,  and  the  quotient  shall  be  the  ratio  of  representa- 
tion in  the  city  council.  Districts  shall  be  formed  of  con- 
tiguous and  compact  territory,  and  contain,  as  near 
as  practicable,  an  equal  number  of  inhabitants : And, 
provided,  further,  that  where  said  council  or  legislative 
authority  of  such  city  have  not  fixed  a ratio  of  representa- 
tion and  formed  the  districts  or  wards  at  the  time  above 
specified,  the  same  may  be  done  by  any  subsequent  board 
of  aldermen ; but  all  official  acts  heretofore  done,  and  ordi- 
nances heretofore  passed  by  any  board  of  aldermen  elected 
at  large  by  the  legal  electors  of  any  such  city  on  the  minority 
representation  plan,  shall  be  held  and  taken  by  all  courts 
in  this  State  to  be  of  as  much  validity  and  binding  force 
as  if  they  had  been  elected  from  wards  or  districts.  [As 
amended  by  act  approved  and  in  force  April  1,  1883. 

55.  Aldermen  under  minority  plan.]  § 7.  Every  such 
district  shall  be  entitled  to  three  aldermen,  who  shall  hold 
their  office  for  two  years,  and  until  their  successors  shall  be 
elected  and  qualified.  At  the  first  general  election  for 
mayor,  after  the  passage  of  this  act,  and  every  two  years 
thereafter,  there  shall  be  elected  in  each  ward  as  many 
aldermen  as  such  ward  shall  be  entitled  to : Provided,  that 
aldermen  elected  under  this  act,  in  wards  wherein  aldermen 
were  elected  for  two  years  at  [the]  last  previous  annual 
election,  shall  not  take  their  seats  as  such  until  the  terms 
of  the  aldermen  last  aforesaid  shall  expire.  Vacancies  shall 
be  filled  at  an  election  to  be  held  by  the  voters  of  the  dis- 
trict in  which  such  vacancies  shall  occur,  at  the  time  to  be 
designated  by  the  city  council.  In  all  elections  for  aider- 
men  aforesaid,  each  qualified  voter  may  cast  as  many  votes 
as  there  are  aldermen  to  be  elected  in  his  district,  or  may 
distribute  the  same,  or  equal  parts  thereof,  among  the  can- 
didates, as  he  shall  see  fit,  and  the  candidate  highest  in 
votes  shall  be  declared  elected.  [As  amended  by  act  ap- 
proved and  in  force  April  1,  1883. 

56.  Aldermen  ivhen  minority  plan  not  adopted.]  § 8.  If 
a majority  of  the  votes  cast  at  such  election  shall  be 
“Against  minority  representation  in  the  city  council,”  the 
preceding  section  shall  be  null  and  void,  so  far  as  it  relates 
to  such  city  at  such  election,  and  the  aldermen  of  such  city 
shall  be  elected  as  otherwise  provided  for  in  this  act. 


THE  CITY  OF  SPRINGFIELD. 


33 


57.  Place  of  election  — notice.]  § 9.  The  city  council 
shall  designate  the  place  or  places  in  which  the  election 
shall  be  held,  and  appoint  the  judges  and  clerks  thereof, 
and  cause  notice  to  be  printed  in  some  newspaper  published 
in  such  city,  if  there  be  one,  or  posted  at  each  voting  place 
in  such  city,  of  the  time,  places  of  election,  and  of  tiie  offi- 
cers to  be  elected,  for  at  least  twenty  days  prior  to  such 
election. 

58.  Manner  of  conducting  elections,  etc.]  § 10.  The 
manner  of  conducting  and  voting  at  elections  to  be  held 
under  this  act,  and  contesting  the  same,  the  keeping  of  poll 
lists  and  canvassing  the  votes,  shall  be  the  same,  as  nearly 
as  may  be,  as  in  the  case  of  the  election  of  county  officers, 
under  the  general  laws  of  this  State.  The  judges  of  election 
shall  appoint  clerks,  when  necessary  to  fill  vacancies,  and 
the  judges  and  clerks  shall  take  the  same  oath  and  have 
the  same  powers  and  authority  as  the  judges  and  clerks  of 
general  State  elections.  After  the  closing  of  the  polls,  the 
ballots  shall  be  counted  and  the  returns  made  out  and  re- 
turned, under  seal,  to  the  city  or  village  clerk,  as  the  case 
may  be,  within  two  days  after  the  election ; and,  thereupon, 
the  city  council  or  board  of  trustees,  as  the  case  may  be, 
shall  examine  and  canvass  the  same,  and  declare  the  result 
of  the  election,  and  cause  a statement  thereof  to  be  entered 
upon  its  journals. 

59.  Result — tie.]  § 11.  The  person  having  the  highest 
number  of  votes,  for  any  office,  shall  be  declared  elected. 
In  case  of  a tie  in  the  election  of  any  city  or  village  officer, 
it  shall  be  determined  by  lot,  in  the  presence  of  the  city 
council  or  board  of  trustees,  in  such  manner  as  they  shall 
direct,  which  candidate  or  candidates  shall  hold  the  office. 

60.  Notice  to  'persons  elected  or  appointed.]  § 12.  It 
shall  be  the  duty  of  the  village  or  city  clerk,  within  five 
days  after  the  result  of  the  election  is  declared  or  appoint- 
ment is  made,  to  notify  all  persons  elected  or  appointed  to 
office  of  their  election  or  appointment,  and  unless  such  per- 
sons shall  respectively  qualify  in  ten  days  after  such  notice, 
the  office  shall  become  vacant. 

61.  When  no  quorum  in  office — special  election.]  § 13.  If, 
for  any  cause,  there  shall  not  be  a quorum  in  office  of  the 
city  council  or  board  of  trustees,  the  mayor,  clerk,  or  any 
alderman  or  trustee,  as  the  case  may  be,  may  appoint  the 
time  and  place  for  holding  a special  election  to  supply  such 
vacancy,  and  give  notice  and  appoint  the  judges  thereof. 

62.  Special  election.]  § 14.  If  there  is  a failure  to  elect 
any  officer  herein  required  to  be  elected,  or  the  person  elected 

—3 


84 


STATUTES  RELATING  TO 


should  fail  to  qualify,  the  city  council  or  board  of  trustees 
may  forthwith  order  a new  election  therefor;  and  in  all 
cases,  when  necessary  for  the  purposes  of  this  act,  may  call 
special  elections,  appoint  judges  and  clerks  thereof,  and 
provide  by  ordinance  for  the  mode  of  conducting  the  same ; 
and  shall  give  notice  of  such  special  elections,  in  which  shall 
be  stated  the  questions  to  be  voted  upon,  and  cause  such 
notices  to  be  published  or  posted  for  the  same  length  of 
time  and  in  the  same  manner  as  is  required  in  the  case  of 
regular  annual  elections  in  such  cities  or  villages. 


Article  V. 

OF  THE  POWERS  OF  THE  CITY  COUNCIL. 

63.  § 1.  The  city  council  in  cities,  and  president  and 

board  of  trustees  in  villages,  shall  have  the  following  powers : 

First — To  control  the  finances  and  property  of  the  corpor- 
ation. 

( Second — To  appropriate  money  for  corporate  purposes 
only,  and  provide  for  payment  of  debts  and  expenses  of  the 
corporation. 1 [See  post  § 90. 

Third — To  levy  and  collect  taxes  for  general  and  special 
purposes  on  real  and  personal  property.  [See  post  §§  112, 
172. 

Fourth — To  fix  the  amount,  terms  and  manner  of  issuing 
and  revoking  licenses.^ 

Fifth — To  borrow  money  on  the  credit  of  the  corporation 
for  corporate  purposes,  and  issue  bonds  therefor,  in  such 
amounts  and  form,  and  on  such  conditions  as  it  shall  pre- 
scribe, but  shall  not  become  indebted  in  any  manner  or  for 
any  purpose  to  an  amount,  including  existing  indebtedness, 
in  the  aggregate  to  exceed  five  (5)  per  centum  on  the  value 
of  the  taxable  property  therein,  to  be  ascertained  by  the  last 
assessment  for  State  and  county  taxes  previous  to  the 
incurring  of  such  indebtedness ; and  before  or  at  the  time  of 
incurring  any  indebtedness,  shall  provide  for  the  colleclion 
of  a direct  annual  tax  sufficient  to  pay  the  interest  on  such 
debt  as  it  falls  due,  and  also  to  pay  and  discharge  the  prin- 
cipal thereof  within  twenty  years  after  contracting  the  same. 
[See  §§  91,  170. 

1.  This  clause  was  doubtless  intended  to  prevent  appropriating  money  for 
public  entertainments  or  donations,  so  liable  to  abuse.  Petersburg  vs.  Mappin, 
14  111,,  193,  Perry  vs.  Kinnear.  42  111.,  160. 

(a)  Corporate  purposes  defined.  Taylor  vs.  Thompson,  42  111.,  9. 

2.  Such  ordinances  must  be  reasonable.  Under  the  power  to  “license, 
tax,”  etc.,  the  city  council  could,  by  ordinance,  authorize  the  mayor  to  revoke 
license  for  cause:  and  if  the  license  so  states,  the  person  accepting  it  cannot 
complain  that  it  is  revoked  without  judicial  process.  Wiggins  r.s.  City  of  Chi- 
cago, 68  111.,  372;  Schwuchow  vs.  Chicago,  68  111.,  445. 

(h)  Under  the  general  incorporation  law,  a city  organized  under  its  pro- 
visions has  no  power  to  require  merchants  to  take  out  a license.  City  of  Cairo 
vs.  Bross.  101  111.,  476. 


THE  CITY  OF  SPRINGFIELD. 


35 


Sixth— To  issue  bonds  in  place  of,  or  to  supply  means  to 
meet,  maturing  bonds,  or  for  the  consolidation  or  funding  of 
the  same.i 

Seventh — To  lay  out,  establish,  open,  alter,  widen,  extend, 
grade,  pave,  or  otherwise  improve  streets,  alleys,  avenues, 
sidewalks,  wharves,  parks  and  public  grounds,  and  vacate 
the  same.*'^ 

Elfthth — To  plant  trees  upon  the  same. 

Ninth — To  regulate  the  use  of  the  same. 

Tenth — To  prevent  and  remove  encroachments  or  obstruc- 
tions upon  the  same.^ 

Eleventh— To  provide  for  the  lighting  of  the  same.^ 

Twelfth — To  provide 'for  the  cleansing  of  the  same. 

Thirteenth — To  regulate  the  openings  therein  for  the  laying 
of  gas  or  water  mains  and  pipes,  and  the  building  and 
repairing  of  sewers,  tunnels  and  drains,  and  erecting  gas 
lights : Provided,  however,  that  any  company  heretofore 
organized  under  the  general  laws  of  this  State,  or  any  asso- 
ciation or  persons  organized,  or  which  may  be  hereafter 
organized  for  the  purpose  of  manufacturing  illuminating  gas 
to  supply  cities  or  villages,  or  the  inhabitants  thereof,  with 
the  same,  shall  have  the  right,  by  consent  of  the  common 
council  (subject  to  existing  rights),  to  erect  gas  factories 
and  lay  down  pipes  in  the  streets  or  alleys  of  any  city  or 
village  in  this  State,  subject  to  such  regulations  as  any  such 
city  or  village  may  by  ordinance  impose. 

Fourteenth — To  regulate  the  use  of  sidewalks  and  all 
structures  thereunder ; and  to  require  the  owner  or  occupant 
of  any  premises  to  keep  the  sidewalks,  in  front  of  or  along 
the  same,  free  from  snow  or  other  obstructions. 

Fifteenth — To  regulate  and  prevent  the  throwing  or  deposit- 
ing of  ashes,  offal,  dirt,  garbage  or  any  offensive  matter  in, 
and  to  prevent  injury  to,  any  street,  avenue,  alley  or  public 
ground. 


1.  Bonds  issued  without  authority  or  sanction  ot  law  are  void;  but  if  issued 
with  authority,  though  irregularly,  an  innocent  holder  may  collect  them.  If 
void,  no  subsequent  recognition  can  estop  a taxpayer  from  resisting  their  col- 
lection. Ryan  vs.  Lynch,  68  111.,  160;  Livingston  Co.  vs.  Weider,  64  111,,  427.  See 
numerous  other  decisions. 

2.  Municipal  authorities  are  the  exclusive  judges  of  the  propriety  and 
necessity  of  widening  or  laying  out  a street.  Dunham  vs.  Viliage  of  Hyde  Park, 

75  111.,  371. 

(a)  A city  is  liable  for  special  damages  occasioned  by  changing  grade  of 
street.  City  of  Shawneetown  vs.  Mason,  82  111.,  337;  City  of  Elgin  vs.  Eaton,  83 
III.,  535.  And  for  injuries  by  defective  sidewalk.  City  of  Springfield  vs.  Doyle, 

76  111.,  262. 

ib)  A city  is  not  liable  for  exemplary  damages.  Kelly  vs.  City  of  Chicago, 
69  111.,  475;  (hty  of  Chicago  vs.  McGiven.  78  III.,  347.  When  city  has  a remedy 
over.  Gridley  vs.  City  of  Bloomington,  68  III,  47. 

3.  Obstructions  or  defects  in  streets  or  sidewalks  of  a town  or  city,  to  make 
the  corporation  liable  for  injuries  occasioned  thereby,  must  be  of  such  a nature 
that  they  are  in  themselves  dangerous,  or  such  that  a person  exercising  ordi- 
nary prudence  can  not  avoid  danger  or  injury  in  passing  them.  City  of  Quincy 
vs.  E.  B.  Barker,  81  III..  300. 

4.  Respecting  the  duty  and  liability  of  a city  to  light  its  streets.  See  Free- 
port vs.  Isbell,  83  111 , 440. 


36 


STATUTES  RELATING  TO 


Sixteenth — To  provide  for  and  regulate  cross-walks,  curbs 
and  gutters. 

Seventeenth — To  regulate  and  prevent  the  use  of  streets, 
sidewalks  and  public  grounds  for  signs,  sign-posts,  awnings, 
awning  posts,  telegraph  poles,  horse  troughs,  racks,  posting 
handbills  and  advertisements.  [See  post  § 331. 

Eighteenth — To  regulate  and  prohibit  the  exhibition  or 
carrying  of  banners,  placards,  advertisements  or  handbills 
in  the  streets  or  public  grounds,  or  upon  the  sidewalks. 

Nineteenth — To  regulate  and  prevent  the  flying  of  flags, 
banners  or  signs  across  the  streets  or  from  houses. 

Twentieth — To  regulate  traffic  and  sales  upon  the  streets, 
sidewalks  and  public  places. 

Twenty-first — To  regulate  the  speed  of  horses  and  other 
animals,  vehicles,  cars  and  locomotives,  within  the  limits  of 
the  corporation. 1 [See  post  § 301. 

Tiventy-second — To  regulate  the  ^numbering  of  houses  and 
lots. 

Twenty-third — To  name  and  change  the  name  of  any  street, 
avenue,  alley,  or  other  public  place. 

Twenty-fourth — To  permit,  regulate  or  prohibit  the  locating, 
constructing  or  laying  a track  of  any  horse  railroad  in  any 
street,  alley  or  public  place;  but  such  permission  shall  not 
be  for  a longer  time  than  twenty  years.  [See  post,  ninetieth 
clause  of  this  section. 

Twenty -fifth— To  provide  for  and  change  the  location,  grade 
and  crossings  of  any  railroad. 

Twenty-sixth— To  require  railroad  companies  to  fence  their 
respective  railroads,  or  any  portion  of  the  same,  and  to  con- 
struct cattle  guards,  crossings  of  streets  and  public  roads, 
and  keep  the  same  in  repair  within  the  limits  of  the  corpo- 
ration. In  case  any  railroad  company  shall  fail  to  comply 
with  any  such  ordinance,  it  shall  be  liable  for  all  damages 
the  owner  of  any  cattle  or  horses,  or  other  domestic  animal 
may  sustain,  by  reason  of  injuries  thereto  while  on  the  track 
of  such  railroad,  in  like  manner  and  extent  as  under  the 
general  [laws  of  this  State,  relative  to  the  fencing  of  rail- 
roads; and  actions  to  recover  such  damages  may  be  insti- 
tuted before  any  justice  of  the  peace,  or  other  court  of  com- 
petent jurisdiction. 

Twenty-seventh— To  require  railroad  companies  to  keep 'flag- 
men at  railroad  crossings  of  streets,  and  provide  protection 
against  injury  to  persons  and  property  in  the  use  of  such 
railroads.  To  compel  such  railroad  to  raise,  or  lower  their 


1.  An  ordinance  regulating  the  speed  of  trains  is  proper  evidence  on  the 

auestion  of  negligence  when  a collision  has  taken  place.  T.,  W.  & W.  Ry. 
o.  vs.  O’Conner.  77  III.,  392. 

(a)  Recovery  may  be  had  when  animal  is  running  at  largo  contrary  to 
ordinance,  where  train  is  running  at  prohibited  speed.  I.  & St.  L.  R.  R.  Co.  vs. 
Peyton,  7(i  111.,  340. 


THE  CITY  OF  SPRINGFIELD. 


37 


railroad  track  to  conform  to  any  grade  which  may,  at  any 
time,  be  established  by  such  city,  and  where  such  tracks 
run  lengthwise  of  any  such  street,  alley  or  highway,  to  keep 
their  railroad  tracks  on  a level  with  the  street  surface,  and 
so  that  such  tracks  may  be  crossed  at  any  place  on  such 
street,  alley  or  highway.  To  compel  and  require  railroad 
companies  to  make  and  keep  open  and  to  keep  in  repair 
ditches,  drains,  sewers  and  culverts  along  and  under  their 
railroad  tracks,  so  that  filthy  or  stagnant  pools  of  water 
cannot  stand  on  their  grounds  or  right  of  way,  and  so  that 
the  natural  drainage  of  adjacent  property  shall  not  be 
impeded.^ 

Tiventy-eighth — To  construct  and  keep  in  repair  bridges, 
viaducts  and  tunnels,  and  to  regulate  the  use  thereof. 

Twenty -ninth — To  construct  and  keep  in  repair  culverts, 
drains,  sewers  and  cess-pools,  and  to  regulate  the  use  thereof. 

Thirtieth  — To  deepen,  widen,  dock,  cover,  wall,  alter  or 
change  the  channel  of  water  courses. 

Thirty-first — To  construct  and  keep  in  repair  canals  and 
slips  for  the  accommodation  of  commerce. 

Thirty-second — To  erect  and  keep  in  repair  public  landing 
places,  wharves,  docks  and  levees. 

Thirty-third — To  regulate  and  control  the  use  of  public 
and  private  landing  places,  wharves,  docks  and  levees. 

Thirty -fourth — To  control  and  regulate  the  anchorage, 
moorage  and  landing  of  all  water  craft  and  their  cargoes, 
within  the  jurisdiction  of  the  corporation. 

Thirty-fifth — To  license,  regulate  and  prohibit  wharf-boats, 
tugs  and  other  boats  used  about  the  harbor  or  within  such 
jurisdiction. 

Thirty-sixth — To  fix  the  rate  of  wharfage  and  dockage. 

Thirty -seventh — To  collect  wharfage  and  dockage  from  all 
boats,  rafts  or  other  craft  landing  or  using  any  public  land- 
ing place,  wharf,  dock  or  levee  within  the  jurisdiction  of  the 
corporation. 

Thirty-eighth — To  make  regulations  in  regard  to  the  use 
of  harbors,  towing  of  vessels,  opening  and  passage  of  bridges. 

Thirty-ninth — To  appoint  harbor  masters,  and  define  their 
duties. 

Fortieth — To  provide  for  the  cleansing  and  purification  of 
waters,  water  courses  and  canals,  and  the  draining  or  filling 


1.  Railroad  companies  are  liable  under  ordinances  for  wrongfully  obstruct- 
ing the  streets  of  a town.  I.  C.  R.  R.  Co.  vs.  Galena,  40  111.,  344;  P.,  P.  & W.  R.  R. 
Co.  vs.  Chenoa,  43  id.  209. 

(a)  Where  a railroad  company  lays  its  track  in  a street  by  permission  of 
the  city,  if  a special  injury  is  thereby  done  to  the  property  of  a citizen,  he  may 
recover  again.st  the  railroad.  City  of  Pekin  vs.  Winkel,  77  111.  58;  C..  P>.  & Q.  R. 
R.  Co.  vs.  McGinnis,  79  111.,  269.  City  is  liable  for  act  of  railroad  company  under 
a license  from  it  to  fill  up  street,  for  thereby  making  access  to  lot  more  diffi- 
cult. City  of  Pekin  vs.  Winkel,  77  111.,  56. 

(h)  Watchman  absent  from  his  post— negligence.  St.  L.,  V.  & T.  H.  R.  R. 
Co.  vs.  Dunn,  78  111.,  197. 


38 


STATUTES  RELATING  TO 


of  ponds  on  private  property,  whenever  necessary  to  prevent 
or  abate  nuisances. 

Forty-first — To  license,  tax,  regulate,  suppress  and  pro- 
hibit hawkers,  peddlers,  pawnbrokers,  keepers  of  ordinaries, 
theatricals  and  other  exhibitions,  shows  and  amusements, 
and  to  revoke  such  license  at  pleasure. 

Forty-second — To  license,  tax  and  regulate  hackmen,  dray- 
men, omnibus  drivers,  carters,  cabmen,  porters,  expressmen, 
and  all  others  pursuing  like  occupations,  and  to  prescribe 
their  compensation.^ 

Forty-third — To  license,  regulate,  tax  and  restrain  runners 
for  stages,  cars,  public  houses,  or  other  things  or  persons. 

Forty-fourth — To  license,  regulate,  tax  or  prohibit  and  sup- 
press billiard,  bagatelle,  pigeon-hole,  or  any  other  tables  or 
implements  kept  or  used  for  a similar  purpose  in  any  place 
of  public  resort,  pin  alleys  and  ball  alleys. 

Forty-fifth — To  suppress  bawdy  and  disorderly  houses, 
houses  of  ill-fame  or  assignation,  within  the  limits  of  the 
city,  and  within  three  miles  of  the  outer  boundaries  of  the 
city ; and  also  to  suppress  gaming  and  gambling  houses,  lot- 
teries, and  all  fraudulent  devices  and  practices  for  the  pur- 
pose of  gaming  or  obtaining  money  or  property ; and  to  pro- 
hibit the  sale  or  exhibition  of  obscene  or  immoral  publications, 
prints,  pictures  or  illustrations.^ 

Forty -sixth — To  license,  regulate  and  prohibit  the  selling 
or  giving  away  of  any  intoxicating,  malt,  vinous,  mixed  or 
fermented  liquor,  the  license  not  to  extend  beyond  the  mu- 
nicipal year  in  which  it  shall  be  granted,  and  to  determine 
the  amount  to  be  paid  for  such  license : Provided,  that  the 
city  council  in  cities,  or  president  and  board  of  trustees  in 
villages,  may  grant  permits  to  druggists  for  the  sale  of 
liquors  for  medicinal,  mechanical,  sacramental  and  chemical 
purposes  only,  subject  to  forfeiture,  and  under  such  restric- 
tions and  regulations  as  may  be  provided  by  ordinance : 
Provided,  further,  that  in  granting  licenses  such  corporate 
authorities  shall  comply  with  whatever  general  law  of  the 
State  may  be  in  force  relative  to  the  granting  of  licenses.^ 
[See  jpost  “Dram  Shops,”  §§  236,  237,  238. 


1.  This  provision  is  restricted  to  persons  pursuing  such  occupation  for 
hire.  Farvvell  vs.  City  of  Chicago,  71  III.,  270;  City  of  Collinsville  vs.  Cole, 
78  III.,  115. 

2.  A town  cannot  give  its  ordinances  extra  territorial  effect,  except  so  far 
as  clearl  v authorized  so  to  do  by  the  legislature.  Strauss  vs.  The  Town  of  Pon- 
tiac. 40  111.,  801. 

3.  A license  under  the  U.  S.  revenue  law  alone,  does  not  authorize  a party 
to  sell  liquors  bv  retail.  Block  vs.  Jacksonville,  36  III.,  301;  Downham  vs.  Alex- 
ander, 10  Wall.  U.  S.  R..  173. 

(a)  The  punishment  for  unlawful  sale  of  liquors  should  be  by  fines  under 
the  power  to  license,  regulate  and  prohibit,  where  a grocery  is  not  declared  by 
ordinance'a  nuisance.  Pekin  vs.  Smelzel,  21  111.,  464. 

{h)  If  a city  refuses,  rightfully  or  wrongfully,  to  grant  a license,  the  person 
has  no  right  to  sell  without  it.  Kadghin  rs.  Bloomington,  58  111.,  229.  [See  next 
page  for  notes  (c)  and  (d). 


THE  CITY  OF  SPRINGFIELD. 


39 


Forty -seventh — The  foregoing  shall  not  be  construed  to  affect 
the  provisions  of  the  charter  of  any  literary  institution  here- 
tofore granted. 

Forty-eighth — And  the  city  council  in  cities,  and  president 
and  board  of  trustees  in  villages,  shall  also  have  the  power 
to  forbid  and  punish  the  selling  or  giving  away  of  any  in- 
toxicating, malt,  vinous,  mixed  or  fermented  liquor  to  any 
minor,  apprentice  or  servant,  or  insane,  idiotic  or  distracted 
person,  habitual  drunkard,  or  person  intoxicated. 

Forty-ninth — To  establish  markets  and  market  houses,  and 
provide  for  the  regulation  and  use  thereof. 

Fiftieth — To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables,  and  other  provisions,  and  to  provide 
for  the  place  and  manner  of  selling  the  same.  [See  yost  § 256. 

Fifty-first — To  prevent  and  punish  forestalling  and  regrat- 
ing. ‘ 

Fifty-second — To  regulate  the  sale  of  bread  in  the  city  or 
village ; prescribe  the  weight  and  quality  of  the  bread  in 
the  loaf. 

Fijty -third — To  provide  for  and  regulate  the  inspection  of 
meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton, 
tobacco,  flour,  meal  and  other  provisions. 

Fifty-fourth — To  regulate  the  inspection,  weighing  and 
measuring  of  brick,  lumber,  fire-wood,  coal,  hay,  and  any 
article  of  merchandise. 

Fifty-fifth — To  provide  for  the  inspection  and  sealing  of 
weights  and  measures. 

Fifty-sixth — To  enforce  the  keeping  and  use  of  proper 
weights  and  measures  by  vendors. 

Fifty -seventh— To  regulate  the  construction,  repairs  and 
use  of  vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and 
gutters. 

Fifty-eighth — To  regulate  places  of  amusement. 

Fifty-ninth — To  prevent  intoxication,  fighting,  quarreling, 
dog  fights,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth— To  regulate  partition  fences  and  party  walls. 

Sixty-first — To  prescribe  the  thickness,  strength  and  manner 
of  constructing  stone,  brick  and  other  buildings,  and  con- 
struction of  fire  escapes  therein. 

Sixty-second — The  city  council,  and  the  president  and  trustees 
in  villages,  for  the  purpose  of  guarding  against  the  calamities 
of  fire,  shall  have  power  to  prescribe  the  limits  within  which 
wooden  buildings  shall  not  be  erected,  or  placed  or  repaired, 
without  permission,  and  to  direct  that  all  and  any  buildings 


(c)  The  charges  for  license  for  selling  liquor  in  different  parts  of  a city, 
need  not  he  the  same.  Such  license  is  not  a tax  requiring  uniformity.  East  St. 
Louis  vff.  Wehrung,  46  111.,  392:  Ducat  vs.  City  of  Chicago,  48  III,  181. 

(d)  Where  a person  tak^s  out  a license  to  keep  a dram  shop,  and  gives  the 
proper  bond,  before  the  city  can  maintain  an  action  against  him  for  carrying 
on  his  business  without  license,  it  must  revoke  the  license  and  return  him  his 
money.  Martel  vs.  East  St.  Louis,  94  111.,  67, 


40 


STATUTES  RELATING  TO 


within  the  fire  limits,  when  the  same  shall  have  been 
damaged  by  fire,  decay  or  otherwise,  to  the  extent  of  fifty 
per  cent,  of  the  value,  shall  be  torn  down  or  removed,  and 
to  prescribe  the  manner  of  ascertaining  such  damages. 

Sixty-third — To  prevent  the  dangerous  construction  and 
condition  of  chimneys,  fire-places,  hearths,  stoves,  stove- 
pipes, ovens,  boilers  and  apparatus  used  in  and  about  any 
building  or  manufactory,  and  to  cause  the  same  to  be  re- 
moved or  placed  in  a safe  condition,  when  considered  dan- 
gerous ; to  regulate  and  prevent  the  carrying  on  of  manu- 
factories, dangerous  in  causing  and  promoting  fires ; to  pre- 
vent the  deposit  of  ashes  in  unsafe  places,  and  to  cause  all 
such  buildings  and  inclosures,  as  may  be  in  a dangerous 
state  to  be  put  in  a safe  condition. 

Sixty-fourth  — To  erect  engine  houses,  and  provide  fire 
engines,  hose  carts,  hooks  and  ladders,  and  other  imple- 
ments for  prevention  and  extinguishment  of  fires,  and  pro- 
vide for  the  use  and  management  of  the  same  by  volun- 
tary fire  companies  or  otherwise. 

Sixty-fifth — To  regulate  and  prevent  storage  of  gun  powder, 
tar,  pitch,  resin,  coal  oil,  benzine,  turpentine,  hemp,  cotton, 
nitro-glycerine,  petroleum,  or  any  of  the  products  thereof, 
and  other  combustible  or  explosive  material,  and  the  use  of 
lights  in  stables,  shops  and  other  places,  and  the  building 
o’f  bonfires;  also  to  regulate  and  restrain  the  use  of  fire- 
works, fire-crackers,  torpedoes,  roman  candles,  sky-rockets, 
and  other  pyrotechnic  displays. 

Sixty-sixth — To  regulate  the  police  of  the  city  or  village, 
and  pass  and  enforce  all  necessary  police  ordinances. 

■Sixty -seventh — To  provide  for  the  inspection  of  steam  boilers. ^ 

Sixty-eighth — To  prescribe  the  duties  and  powers  of  a su- 
perintendent of  police,  policemen  and  watchmen. 

Sixty-ninth — To  establish  and  erect  calabooses,  bridewells, 
houses  of  correction  and  work  houses,  for  the  reformation 
and  confinement  of  vagrants,  idle  and  disorderly  persons, 
and  persons  convicted  of  violating  any  city  or  village  ordi- 
nance, and  make  rules  and  regulations  for  the  government 
of  the  same,  and  appoint  necessary  keepers  and  assistants. 

Seventieth — To  use  the  county  jail  for  the  confinement  or 
punishment  of  offenders,  subject  to  such  conditions  as  are 
imposed  by  law,  and  with  the  consent  of  the  county  board. 

Seventy-first— 1^0  provide  by  ordinance  in  regard  to  the  re- 
lation between  all  officers  and  employes  of  the  corporation 
and  the  people.^ 


1.  A city  has  authority  to  so  order  the  use  of  private  property  within  its 
limits  as  to  prev'mt  its  becoming  dangerous  to  persons  or  property.  C.,  B.  & 
Q.  R.  R.  Co.  vs.  Haggerty,  67  111.,  113. 

2.  The  city  is  not  liable  for  the  illegal  acts  of  its  officers.  Town  of  Odell  vs. 
Schroeder,  58  111.,  353;  but  see  Chicago  vs.  Turner.  80  III.,  419. 


THE  CITY  OF  SPRINGFIELD. 


41 


Seventy-second — To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderly  assemblies  in  any  public  or 
private  place. ^ 

Seventy-third — To  prohibit  and  punish  cruelty  to  animals. 

Seventy-fourth — To  restrain  and  punish  vagrants,  mendi- 
cants and  prostitutes. 

Seventy-fifth— To  declare  what  shall  be  a nuisance,  and  to 
abate  the  same ; and  to  impose  fines  upon  parties  who  may 
create,  continue  or  suffer  nuisances  to  exist.^ 

Seventy-sixth — To  appoint  a board  of  health,  and  prescribe 
its  powers  and  duties. 

Seventy -seventh — To  erect  and  establish  hospitals  and  med- 
ical dispensaries,  and  control  and  regulate  the  same. 

Seventy-eighth — To  do  all  acts,  make  all  regulations  which 
may  be  necessary  or  expedient  for  the  promotion  of  health 
or  the  suppression  of  disease. 

Seventy-ninth — To  establish  and  regulate  cemeteries,  within 
or  without  the  corporation,  and  acquire  lands  therefor,  by 
purchase  or  otherwise,  and  cause  cemeteries  to  be  removed 
and  prohibit  their  establishment  within  one  mile  of  the  cor- 
poration. [See  post  §§  234,  235. 

Eightieth — To  regulate,  restrain  and  prohibit  the  running 
at  large  of  horses,  cattle,  swine,  sheep,  goats,  geese  and 
dogs,  and  to  impose  a tax  on  dogs.^ 

Eighty-first — To  direct  the  location  and  regulate  the  man- 
agement and  construction  of  packing  houses,  renderies,  tallow 
chandleries,  bone  factories,  soap  factories  and  tanneries, 
within  the  limits  of  the  city  or  village,  and  within  the  dis- 
tance of  one  mile  without  the  city  or  village  limits. 

Eighty-second — To  direct  the  location  and  regulate  the  use 
and  construction  of  breweries,  distilleries,  livery  stables,  black- 
smith shops  and  foundries  within  the  limits  of  the  city  or 
village. 

Eighty-third — To  prohibit  any  offensive  or  unwholesome 
business  or  establishment  within,  or  within  one  mile  of,  the 
limits  of  the  corporation.^ 


1.  Cities  are  not  liable  at  eommon  law  for  property  destroyed  by  mobs, 
Dillon  on  Mun.  Corporations,  § 7C0. 

2.  Where  property  has  been  used  for  m any  years  for  lawful  purposes,  and  is 
not  injurious  to  health  or  public  morals,  it  can  not  be  declared  a nuisance  and 
abated  without  compensation.  Chicago  vs.  Lafflin,  49  111.,  172;  also  Ewbanks  vs. 
Ashley,  46  id.,  181;  and  Chicago  Pack.  Co.  vs.  Chicago,  88  id.,  223. 

3.  Such  ordinances  must  be  strictly  complied  with,  or  the  officers  seizing, 
impounding  and  selling  cattle  will  be  trespassers,  and  purchasers  will  acquire 
no  title  at  their  sales.  Clark  vs.  Lewis,  35  III.,  417;  see  also,  Ames  vs.  Carlton,  41 
111.,  261. 

(a)  All  the  penalties  must  be  enforced  by  suit.  WTllis  vs.  Legris,  45  111..  289; 
and  an  ordinance  to  appraise  and  sell  such  property  for  fine  and  costs,  with- 
out judgment,  is  void,  Bullock  vs.  Geomble,  45  111.,  218. 

(h)  The  temporary  seizure  and  detention  of  such  cattle  is  not  a trespass. 
Cook  vs.  Gregg,  46  N.  Y,  R..  439. 

(c)  An  owner  permitting  his  stock  to  mn  at  large,  is  liable  for  damages 
occasioned  thereby.  Frederic  vs.  White.  73  HI..  590. 

. 4.  See  Goddard  vs.  Jacksonville,  15  111.,  588;  also  C.,  R.  1.  & P,  R.  R,  Co.  vs. 
City  of  Joliet,  79111.,  26. 


42 


STATUTES  RELATING  TO 


Eighty -fourth — To  compel  the  owner  of  any  grocery,  cellar, 
soap  or  tallow  chandlery,  tannery,  stable,  pig-sty,  privy, 
sewer  or  other  unwholesome  or  nauseous  house  or  place,  to 
cleanse,  abate  or  remove  the  same,  and  to  regulate  the 
location  thereof. 

Eighty -fifth — The  city  council,  or  trustees  of  a village, 
shall  have  power  to  provide  for  taking  the  city  or  village 
census ; but  no  city  or  village  census  shall  be  taken  by 
authority  of  the  council  or  trustees  oftener  than  once  in 
three  years. 

Eighty  - sixth— provide  for  the  erection  and  care  of  all 
public  buildings  necessary  for  the  use  of  the  city  or  village. 

Eighty- seventh — To  establish  ferries,  toll-bridges,  and  license 
and  regulate  the  same,  and,  Jrom  time  to  time,  to  fix  the 
tolls  thereon. 

Eighty-eighth — To  authorize  the  construction  of  mills,  mill- 
races  and  feeders  on,  through  or  across  the  streets  of  the 
city  or  village,  at  such  places  and  under  such  restrictions 
as  they  shall  deem  proper. 

Eighty-ninth — The  city  council  shall  have  power,  by  con- 
demnation or  otherwise,  to  extend  any  street,  alley  or  high- 
way over  or  across,  or  to  construct  any  sewer  under  or 
through  any  railroad  track,  right  of  way,  or  land  of  any 
railroad  company  (within  the  corporate  limits) ; but  where 
no  compensation  is  made  to  such  railroad  company,  the 
city  shall  restore  such  railroad  track,  right  of  way  or  land 
to  its  former  state,  or  in  a sufficient  manner  not  to  have 
impaired  its  usefulness.^ 

Ninetieth — The  city  council  or  board  of  trustees  shall  have 
no  power  to  grant  the  use  of,  or  the  right  to  lay  down,  any 
railroad  tracks  in  any  street  of  the  city,  to  any  steam  or 
horse  railroad  company,  except  upon  a petition  of  the  owners 
of  the  land  representing  more  than  one-half  of  the  frontage 
of  the  street,  or  so  much  thereof  as  is  sought  to  be  used  for 
railroad  purposes.^ 

Ninety -first — To  tax,  license  and  regulate  auctioneers,  dis- 
tillers, brewers,  lumber  yards,  livery  stables,  public  scales, 
money  changers  and  brokers.^ 

Ninety-second — To  prevent  and  regulate  the  rolling  of  hoops, 
playing  of  ball,  flying  of  kites,  or  any  other  amusement  or 
practice  having  a tendency  to  annoy  persons  passing  in  the 
streets,  or  on  the  sidewalks,  or  to  frighten  teams  and  horses. 


1.  See  the  Board  of  Trustees,  etc.,  vs.  Chicago,  etc.,  R.  R.  Co.,  14  111.,  314. 

2.  Vide  § 4,  of  art.  11,  of  the  Const,  of  1870:  also  “H.  & D.  R.  R.”  ch.  66,  § 3 R. 
(a)  The  owners  of  lots  and  town  proprietors  are  not  entitled  to  any  compen- 
sation for  such  use  of  streets.  Moses  vs.  the  Pittsburg,  etc.,  R.  R.  Co.,  21  111., 
516. 

3.  One  doing  a banking  business  is  a money  changer  within  this  clause. 
Hinckley  vs.  Belleville,  43111.,  183. 


THE  CITY  OF  SPRINGFIELD. 


43 


Ninety -third — To  regulate  and  prohibit  the  keeping  of  any 
lumber  yard,  and  the  placing  or  piling  or  selling  any  lumber, 
timber,  wood  or  other  combustible  material,  within  the  fire 
limits  of  the  city. 

Ninety -fourth — To  provide,  by  ordinance,  that  all  the  paper, 
printing,  stationery,  blanks,  fuel,  and  all  the  supplies  needed 
for  the  use  of  the  city,  shall  be  furnished  by  contract,  let 
to  the  lowest  bidder.  . 

Ninety-fifth — To  tax,  license  and  regulate  second-hand  and 
junk  stores  ; and  to  forbid  their  purchasing  or  receiving  from 
minors,  without  the  written  consent  of  their  parents  or 
guardians,  any  article  whatsoever. 

Ninety-sixth — To  pass  all  ordinances,  rules,  and  make  all 
regulations,  proper  or  necessary,  to  carry  into  effect  the 
powers  granted  to  cities  or  villages,  with  such  fines  or  penal- 
ties as  the  city  council  or  board  of  trustees  shall  deem 
proper : Provided,  no  fine  or  penalty  shall  exceed  two 
hundred  dollars  ($200),  and  no  imprisonment  shall  exceed 
six  months  for  one  offense.^ 

64.  Style  of  ordinances.^  § 2.  The  style  of  the  ordi- 

nances in  cities  shall  be : “Be  it  ordained  by  the  city  coun- 
cil of  ” 

65.  Publication  of  ordinances — when  take  effect.]  § 3.  All 
ordinances  of  cities  and  villages  imposing  any  fine,  penalty, 
imprisonment  or  forfeiture,  or  making  any  appropriation, 
shall,  within  one  month  after  they  are  passed,  be  published 
at  least  once  in  a newspaper  published  in  the  city  or  village, 
or,  if  no  such  newspaper  is  published  therein,  by  posting 
copies  of  the  same  in  three  public  places  in  the  city  or  vil- 
lage ; and  no  such  ordinance  shall  take  effect  until  ten  days 
after  it  is  so  published.  And  all  other  ordinances,  orders 
and  resolutions  shall  take  effect  from  and  after  their  passage, 
unless  otherwise  provided  therein. 

66.  Proof  of  ordinances.]  § 4.  All  ordinances  and  the 
date  of  publication  thereof,  may  be  proven  by  the  certificate 
of  the  clerk,  under  the  seal  of  the  corporation.  And  when 
printed  in  book  or  pamphlet  form,  and  purporting  to  be 
published  by  authority  of  the  board  of  trustees  or  the  city 
council,  the  same  need  not  be  otherwise  published ; and  such 
book  or  pamphlet  shall  be  received  as  evidence  of  the  pas- 
sage and  legal'  publication  of  such  ordinances,  as  of  the 
dates  mentioned  in  such  book  or  pamphlet,  in  all  courts 
and  places  without  further  proof.^  [See  'post  § 11,  Art.  6. 


1.  An  ordinance  is  not  necessarily  all  void,  because  some  part  of  it  may 
be  so.  Baker  vs.  Town  of  Normal,  81  111.,  108. 

2.  The  published  pamphlet  is  sufficient  proof  of  the  passage  and  promul- 
gation of  the  ordinance.  Byars  vs.  Mt.  Vernon,  77  111.,  407. 


44 


STATUTES  BELATING  TO 


67.  Suits  for  violating  ordinances.]  § 5.  All  actions 
brought  to  recover  any  fine,  or  to  enforce  any  penalty,  under 
any  ordinance  of  any  city  or  village,  shall  be  brought  in  the 
corporate  name  of  the  city  or  village  as  plaintiff;  and  no 
prosecution,  recovery  or  acquittal,  for  the  violation  of  any 
such  ordinance,  shall  constitute  a defense  to  any  other  prose- 
cution of  the  same  party  for  any  other  violation  of  any  such 
ordinance,  although  the  different  causes  of  action  existed  at 
the  same  time,  and,  if  united,  would  not  have  exceeded  the 
jurisdiction  of  the  court  or  magistrate.^ 

68.  Fines  and  license  money  to  he  paid  treasurer.]  § 6. 
All  fines  and  forfeitures  for  violation  of  ordinances,  when 
collected,  and  all  moneys  collected  for  licenses  or  otherwise, 
shall  be  paid  into  the  treasury  of  the  corporation,  at  such 
times  and  in  such  manner  as  may  be  prescribed  by  ordinance.^ 

69.  Summons— affidavit — punishment.]  § 7.  In  ail  actions 
for  the  violation  of  any  ordinance,  the  first  process  shall  be 
a summons  Provided,  however,  that  a warrant  for  the 
arrest  of  the  offender  may  issue  in  the  first  instance,  upon 
the  affidavit  of  any  person  that  any  such  ordinance  -las  been 
violated,  and  that  the  person  making  the  complaint  has 
reasonable  grounds  to  believe  the  party  charged  is  guilty 
thereof;  and  any  person  arrested  upon  such  warrant  shall, 
without  unnecessary  delay,  be  taken  before  the  proper  officer 
to  be  tried  for  the  alleged  offense.  Any  person  upon  whom 
any  fine  or  penalty  shall  be  imposed,  may,  upon  the  order 
of  the  court  or  magistrate  before  whom  the  conviction  is 
had,  be  committed  to  the  county  jail  or  the  calaboose,  city 
prison,  work-house,  house  of  correction,  or  other  place  pro- 
vided by  the  city  or  village  for  the  incarceration  of  offenders, 
until  such  fine,  penalty  and  cost  shall  be  fully  paid 
Provided,  that  no  such  imprisonment  shall  exceed  six  months 
for  any  one  offense.  The  city  council  or  board  of  trustees 
shall  have  power  to  provide,  by  ordinance,  that  every  person 
so  committed  shall  be  required  to  work  for  the  corporation, 
at  such  labor  as  his  or  her  strength  will  permit,  within  and 
without  such  prison,  work-house,  house  of  correction,  or 


1.  Suits  for  penalties  were  required  to  be  consolidated  before  adoption  of 
this  section.  Lucas  vs.  Lacompte,  42  111.,  303;  Thompson  vs.  Sutton.  51  id.,  213. 

2.  Such  fines  and  forfeitures  belong  to,  and  may  be  appropriated  by,  the 
several  cities.  Mt.  Carmel  vs.  Wabash  County,  50  111..  69. 

3.  A summons  may  issue  in  the  usual  form  in  an  action  of  debt,  without  a 
complaint  in  writing,  and  on  appeal  no  exceptions  can  be  taken  to  the  form  or 
service  of  the  summons.  Eubanks  vs.  Ashley,  36  111.,  177;  Jacksonville  vs.  Cone, 
36  id.,  507. 

(a)  A trial  without  process  is  valid.  Tisdale  vs.  Minonk,  46  111.,  9. 

4.  Such  imprisonment  may  properly  follow  the  non-payment  of  the  fine. 
I^xpaj'tp  BoUing,  SI  III.,  88. 

(a)  Section  12  of  Art.  2 of  the  Const,  of  1870,  in  relation  to  imprisonment  for 
debt,  has  no  reference  to  suits  for  torts  or  penalties.  See  The  People  vs.  Cot- 
ton, 14  111.,  414;  MoKinkley  vs.  Rising,  28  id.,  343;  The  People  rs.  Greer,  43  id.,  213. 


THE  CITY  OF  SPRINGFIELD. 


45 


other  place  provided  for  the  incarceration  of  such  offenders, 
not  exceeding  ten  hours  each  working  day;  and  for  such 
work  the  person  so  employed  to  be  allowed,  exclusive  of  his 
or  her  board,  $‘2  for  each  day’s  work  on  account  of  such 
fine  and  cost.  [See  post  § 197. 

70.  Jurisdiction  of  justices.']  § 8.  Any  and  all  justices 
of  the  peace  and  police  magistrates  shall  have  jurisdiction 
in  all  cases  arising  under  the  provisions  of  this  act,  or  any 
ordinance  passed  in  pursuance  thereof. 

71.  Constables  or  sheriff  may  serve  process,  etc.]  § 9.  Any 
constable  or  sheriff  of  the  county  may  serve  any  process, 
or  make  any  arrests  authorized  to  be  made  by  any  city 
officer. 

72.  Jurisdiction  over  waters — street  labor.]  § 10.  The  city 
or  village  government  shall  have  jurisdiction  upon  all  waters 
within  or  bordering  upon  the  same,  to  the  extent  of  three 
miles  beyond  the  limits  of  the  city  or  village,  but  not  to 
exceed  the  limits  of  the  State;  and  may,,  by  ordinance, 
require  every  able-bodied  male  inhabitant  of  such  city  or 
village,  above  the  age  of  twenty-one  years  and  under  the 
age  of  fifty  years,  (excepting  paupers,  idiots,  lunatics,  and 
such  others  as  are  exempt  by  law)  to  labor  on  the  streets 
and  alleys  of  such  city  or  village,  not  more  than  three  days 
in  each  year,  but  such  ordinance  shall  provide  for  commu- 
tation of  such  labor  at  not  more  than  one  dollar  and  fifty 
cents  per  day.  [As  amended  by  act  approved  April  10, 
1875.]  See  post  §§  327,  328. 

Article  YI. 

OFFICERS — their  POWERS  AND  DUTIES. 

73.  Officers]  § 1.  There  shall  be  elected,  in  all  cities 
organized  under  this  act,  the  following  officers,  viz : a mayor, 
a city  council,  a city  clerk,  city  attorney,  and  a city  treas- 
urer. 

74.  Other  officers — duties  of  city  marshal.]  § 2.  The 
city  council  may,  in  its  discretion,  from  time  to  time,  by 
ordinance  passed  by  a vote  of  two-thirds  of  all  the  aider- 
men  elected,  provide  for  the  election  by  the  legal  voters  of 
the  city,  or  the  appointment  by  the  mayor,  with  the  approval 
of  the  city  council,  of  a city  collector,  a city  marshal,  a 
city  superintendent  of  streets,  a corporation  counsel,  a city 
comptroller,  or  any  or  either  of  them,  and  such  other  offi- 
cers as  may  by  said  council  be  deemed  necessary  or  ex- 
pedient. The  city  council  may,  by  a like  vote,  by  ordinance 
or  resolution,  to  take  effect  at  the  end  of  the  then  fiscal 


46 


STATUTES  RELATING  TO 


year,  discontinue  any  office  so  created,  and  devolve  the 
duties  thereof  on  any  other  city  officer ; and  no  officer  filling 
any  such  office  so  discontinued,  shall  have  any  claim  against 
the  city  on  account  of  his  salary,  after  such  discontinuance. 
The  city  marshal  shall  perform  such  duties  as  shall  be  pre- 
scribed by  the  city  council  for  the  preservation  of  the  pub- 
lic peace,  and  the  observance  and  enforcement  of  the  ordi- 
nances and  laws ; he  shall  possess  the  power  and  authority 
of  a constable  at  common  law,  and  under  the  statutes  of 
this  State. 

75.  Appointments — vacancies — duties — powers.']  § 3.  All 
officers  of  any  city,  except  where  herein  otherwise  provided, 
shall  be  appointed  by  the  mayor  (and  vacancies  in  all  offices 
except  the  mayor  and  aldermen  shall  be  filled  by  like  ap- 
pointment), by  and  with  the  advice  and  consent  of  the  city 
council.  The  city  council  may,  by  ordinance,  not  incon- 
sistent with  the  provisions  of  this  act,  prescribe  the  duties 
and  define  the  powers  of  all  such  officers,  together  with  the 
term  of  any  such  office:  Provided^  the  term  shall  not  ex- 
ceed two  years. 

76.  Oath — bond.]  § 4.  All  officers  of  any  city  or  vil- 
lage, whether  elected  or  appointed,  shall,  before  entering 
upon  the  duties  of  their  respective  offices,  take  and  subscribe 
the  following  oath  or  affirmation: 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I will  support  the 
constitution  of  the  United  States,  and  the  constitution  of  the  State  of  Illinois, 

and  that  I will  faithfully  discharge  the  duties  of  the  office  of 

according  to  the  best  of  my  ability. 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in 
the  office  of  the  clerk.  And  all  such  officers,  except  aider- 
men  and  trustees,  shall,  before  entering  upon  the  duties  of 
their  respective  offices,  execute  a bond  with  security,  to  be 
approved  by  the  city  council  or  board  of  trustees,  payable 
to  the  city  or  village,  in  such  penal  sum  as  may,  by  reso- 
lution or  ordinance,  be  directed,  conditioned  for  the  faithful 
performance  of  the  duties  of  the  office  and  the  payment  of 
all  moneys  received  by  such  officer,  according  to  law  and 
the  ordinances  of  such  city  or  village:  Provided,  however, 
that  in  no  case  shall  the  mayor’s  bond  be  fixed  at  a less 
sum  than  three  thousand  dollars  ($3,000) ; nor  shall  the 
treasurer’s  bond  be  fixed  at  a less  sum  than  the  amount  of 
the  estimated  tax  and  special  assessment  for  the  current 
year — which  bonds  shall  be  filed  with  the  clerk  (except  the 
bond  of  the  clerk,  which  shall  be  filed  with  the  treasurer). 

77.  Commission — certificate — delivery  to  successors.]  § 5. 
All  officers  elected  or  appointed  under  this  act  (except  the 
clerk,  aldermen  and  mayor,  and  trustees,)  shall  be  com- 
missioned by  warrant,  under  the  corporate  seal,  signed  by 


THE  CITY  OF  SPRINGFIELD. 


47 


the  clerk  and  the  mayor  or  presiding  officer  of  the  city 
council  or  board  of  trustees.  The  mayor  or  president  of  the 
board  of  trustees  shall  issue  a certificate  of  appointment  or 
election,  under  the  seal  of  the  corporation,  to  the  clerk 
thereof,  and  any  person  having  been  an  officer  of  the  city 
or  village,  shall,  within  five  days  after  notification  and  re- 
quest, deliver  to  his  successor  in  office,  all  property,  books 
and  effects  of  every  description  in  his  possession,  belonging 
to  the  city  or  village,  or  appertaining  to  his  said  office ; and 
upon  his  refusal  to  do  so,  shall  be  liable  for  all  damages 
caused  thereby,  and  to  such  penalty  as  may  by  ordinance 
be  prescribed.^ 

78.  Qualification  of  officers.']  § 6.  No  person  shall  be 
eligible  to  any  office  who  is  not  a qualified  elector  of  the 
city  or  village,  and  who  shall  not  have  resided  therein  at 
least  one  year  next  preceding  his  election  or  appointment, 
nor  shall  any  person  be  eligible  who  is  a defaulter  to  the 
corporation. 

79.  Not  interested  in  contracts ^ etc.]  § 7.  No  officer 
shall  be  directly  or  indirectly  interested  in  any  contract, 
work  or  business  of  the  city,  or  the  sale  of  any  article,  the 
expense,  price  or  consideration  of  which  is  paid  from  the 
treasury,  or  by  any  assessment  levied  by  any  act  or  ordi- 
nance; nor  in  the  purchase  of  any  real  estate  or  other  pro- 
perty belonging  to  the  corporation,  or  which  shall  be  sold 
tor  taxes  or  assessments,  or  by  virtue  of  legal  process  at  the 
suit  of  said  corporation. 

80.  Bribery  — penalty.]  § 8.  Every  person  who  shall 
promise,  offer  or  give,  or  cause,  or  aid,  or  abet  in  causing 
to  be  promised,  offered  or  given,  or  furnish  or  agree  to  fur- 
nish, in  whole  or  in  part,  to  be  promised,  offered  or  given 
to  any  member  of  the  city  council  or  board  of  trustees,  or 
any  officer  of  the  corporation,  after  or  before  his  election  or 
appointment  as  such  officer,  any  money,  goods,  right  in 
action,  or  other  property  or  anything  of  value,  or  any  pecu- 
niary advantage,  present  or  prospective,  with  intent  to  in- 
fluence his  vote,  opinion,  judgment  or  action  on  any  question, 
matter,  cause,  or  proceeding  which  may  be  then  pending,  or 
may  by  law  be  brought  before  him  in  his  official  capacity, 
shall,  upon  conviction,  be  imprisoned  in  the  penitentiary  for 
a term  not  exceeding  two  years,  or  shall  be  fined  not  ex- 
ceeding $5,000,  or  both,  in  the  discretion  of  the  court. 
Every  officer  who  shall  accept  any  such  gift  or  promise,  or 
undertaking  to  make  the  same  under  any  agreement  or 


1.  The  acts  of  officers  de  facto  are  as  valid  and  effectual,  where  they  con- 
cern the  public  or  the  rights  of  third  persons,  as  though  they  were  officers  de 
jure.  Sharp  rs.  Thompson,  100  111.,  447. 


48 


STATUTES  RELATING  TO 


understanding  that  his  vote,  opinion,  judgment  or  action  shall 
be  influenced  thereby,  or  shall  be  given  in  any  question, 
matter,  cause  or  proceeding  then  pending,  or  which  may  by 
law  be  brought  before  him  in  his  official  capacity,  shall, 
upon  conviction,  be  disqualified  from  holding  any  public 
office,  trust  or  appointment  under  the  city  or  village,  and 
shall  forfeit  his  office,  and  shall  be  punished  by  imprison- 
ment in  the  penitentiary  not  exceeding  two  years,  or  by  a 
fine  not  exceeding  |5,000,  or  both,  in  the  discretion  of  the 
court.  Every  person  offending  against  either  of  the  provi- 
sions of  this  section,  shall  be  a competent  witness  against 
any  other  person  offending  in  the  same  transaction,  and 
may  be  compelled  to  appear  and  give  evidence  before  any 
grand  jury  or  in  any  court,  in  the  same  manner  as  other 
persons;  but  the  testimony  so  given  shall  not  be  used  in 
any  prosecution  or  proceeding,  civil  or  criminal,  against  the 
person  so  testifying. 

81.  Mayor,  etc,,  not  to  hold  other  office,]  § 9.  No  mayor, 
alderman,  city  clerk,  or  treasurer,  shall  hold  any  other  office 
under  the  city  government  during  his  term  of  office. 

82.  Duties  of  clerk,]  § 10.  The  clerk  shall  keep  the 
corporate  seal,  to  be  provided  under  the  direction  of  the  city 
council  or  board  of  trustees,  and  all  papers  belonging  to  the 
city  or  village;  he  shall  attend  all  meetings  of  the  city 
council  or  board  of  trustees,  and  keep  a full  record  of  its 
proceedings  in  the  journal;  and  copies  of  all  papers  duly 
filed  in  his  office,  and  transcripts  from  the  journals  and 
other  records  and  files  of  his  office,  certified  by  him  under 
the  corporate  seal,  shall  be  evidence  in  all  courts  in  like 
manner  as  if  the  originals  were-  produced. 

83.  Record  of  ordinances.]  § 11.  The  clerk  shall  record, 
in  a book  to  be  kept  for  that  purpose,  all  ordinances  passed 
by  the  city  council  or  board  of  trustees,  and  at  the  foot  of 
the  record  of  each  ordinance  so  recorded  shall  make  a memo- 
randum of  the  date  of  the  passage  and  of  the  publication 
or  posting  of  such  ordinance,  which  record  and  memoran- 
dum, or  a certified  copy  thereof,  shall  be  prima  facie  evidence 
of  the  passage  and  legal  publication  or  posting  of  such  ordi- 
nance, for  all  purposes  whatsoever. 

84.  Conservators  of  the  peace — powers  of.]  § 12.  The 
trustees  in  villages,  mayor,  aldermen,  and  the  marshal  and 
his  deputies,  policemen  and  watchmen  in  cities,  if  any  such 
be  appointed,  shall  be  conservators  of  the  peace ; and  all 
officers  created  conservators  of  the  peace  by  this  act,  or 
authorized  by  any  ordinance,  shall  have  power  to  arrest  or 
cause  to  be  arrested,  with  or  without  process,  all  persons 
who  shall  break  the  peace,  or  be  found  violating  any  ordinance 


THE  CITY  OF  SPRINGFIELD. 


of  the  city  or  village,  or  any  criminal  law  of  the  State, 
commit  for  examination,  and,  if  necessary,  detain  such  per- 
sons in  custody  over  night  or  Sunday  in  the  watch-house  or 
any  other  safe  place,  or  until  they  can  be  brought  before 
the  proper  magistrate,  and  shall  have  and  exercise  such 
other  powers  as  conservators  of  the  peace  as  the  city  council 
or  board  of  trustees  may  prescribe.  All  warrants  for  the 
violation  of  ordinances,  and  all  criminal  warrants  to  whom- 
soever directed,  may  be  served  and  executed  within  the 
corporate  limits  of  any  such  city  or  village  by  any  police- 
man of  such  city  or  village ; such  policeman  being  hereby 
clothed  with  all  the  common  law  and  statutory  power  of 
constables  for  such  purposes. 1 [As  amended  by  act  approved 
June  14,  1883. 

85.  Compensation  of  may  or. § 13.  The  mayor  of  any 
city  shall  receive  such  compensation  as  the  city  council  may 
by  ordinance  direct,  but  his  compensation  shall  not  be 
changed  during  his  term  of  office. ^ 

86.  Comjmisation  of  aldermen  and  trustees.']  § 14.  The 
aldermen  and  trustees  may  receive  such  compensation  for 
their  services  as  shall  be  fixed  by  ordinance : Provided, 
however,  such  compensation  shall  not  exceed  three  dollars  to 
each  alderman  or  trustee  for  each  meeting  of  the  city  coun- 
cil or  board  of  trustees,  actually  attended  by  him,  and  no 
other  compensation-  than  for  attendance  upon  such  meetings 
shall  be  allowed  to  any  alderman  or  trustee  for  any  services 
whatever.  Such  compensation  shall  not  be  changed,  after 
it  has  been  once  established,  so  as  to  take  effect  as  to  any 
alderman  or  trustee,  voting  for  such  change,  during  his  term 
of  office. 

87.  Compensation  of  other  officers.]  § 15.  All  other  offi- 
cers may  receive  a salary,  fees,  or  other  compensation  to 
be  fixed  by  ordinance,  and  after  the  same  has  been  once 
fixed,  such  fees  or  compensation  shall  not  be  increased  or 
diminished,  to  take  effect  during  the  term  for  which  any 


1.  Such  arrests  may  be  lawfully  made  without  warrant  by  officers  author- 
ized by  a city  charter.  Bryan  vs.  Bates,  15  III.,  87.  Those  summoiied  to  aid  an 
officer  while  an  offense  is  beins:  committed  have  a justification  as  broad  as  the 
officer.  Main  r.s.  McCarty,  15  III.,  441;  Marsh  rs.  Smith,  49  111.,  396. 

(a)  But  it  is  necessary  as  a defense  to  the  officer  for  him  to  show  that  he 
was  duly  elected  or  appointed  and  qualified.  Case  vs.  Hall,  21  111.  635. 

(b)  A private  person  may  arrest  persons  guilty  of  the  commission  of  any 
crime  or  misdemeanor  in  this  State,  without  any  warrant.  Smith  vs.  Donnelly. 
66  111.,  464. 

(c)  On  a warrant  for  the  arrest  of  a person  charged  with  a felony,  an  officer 
may  break  open  the  outer  door  of  a dwelling  house,  if  necessary  to  make  the 
arrest.  Snydecker  vs.  Bross,  51  111.,  357. 

(d)  The  verbal  order  of  a police  magistrate  to  hold  a person  in  custody  for 
non-payment  of  a fine  is  not  sufficient.  Odell  vs.  Scroeder.  58  111.,  353. 

Section  11  of  Art.  9.  of  the  Const,  of  1870,  provides  that  the  fees,  salary  or 
compensation  of  no  municipal  officer,  who  is  elected  or  appointed  for  a definite 
term  of  office,  shall  be  increased  or  diminished  during  such  term. 

— 4 


50 


STATUTES  RELATING  TO 


officer  was  elected  or  appointed ; and  every  such  officer  shall 
make  and  return  to  the  mayor  or  president  of  the  board  of 
trustees,  a semi-annual  report,  verified  by  affidavit,  of  all 
such  fees  and  emoluments  received  by  him.  [See  post  § 261. 

88.  Mayor  and  clerk  may  administer  oaths,  etc.]  § 16. 
The  mayor  of  any  city,  and  the  clerk  of  any  city  or  village 
shall  have  power  to  administer  oaths  and  affirmations  upon 
all  lawful  occasions. 


Article  VII. 

OF  FINANCE. 

89.  Fiscal  year.]  § 1,  The  fiscal  year  of  each  city  or  vil- 
lage, organized  under  this  act,  shall  commence  at  the  date 
established  by  law  for  the  annual  election  of  municipal  offi- 
cers therein,  or  at  such  other  times  as  may  be  fixed  by 
ordinance.^ 

90.  Annual  apjjropriation  ordinance.]  § 2.  The  city  coun- 
cil of  cities,  and  board  of  trustees  in  villages,  shall,  within 
the  first  quarter  of  each  fiscal  year,  pass  an  ordinance  to 
be  termed  the  annual  appropriation  bill,  in  which  such 
corporate  authorities  may  appropriate  such  sums  of  money 
as  may  be  deemed  necessary  to  defray  all  necessary  expenses 
and  liabilities  of  such  corporation ; and  in  such  ordinance 
shall  specify  the  objects  and  purposes  for  which  such  appro- 
priations are  made,  and  the  amount  appropriated  for  each 
object  or  purpose.  No  further  appropriations  shall  be  made 
at  any  other  time  within  such  fiscal  year,  unless  the  propo- 
sition to  make  each  appropriation  has  been  first  sanctioned 
by  a majority  of  the  legal  voters  of  such  city  or  village, 
either  by  a petition  signed  by  them,  or  at  a general  or 
special  election  called  therefor.^ 

91.  Limitation — emergency — borrowing  money .]  §3.  Neither 
the  city  council  nor  the  board  of  trustees,  nor  any  depart- 
ment or  officer  of  the  corporation,  shall  add  to  the  corporate 
expenditures  in  any  one  year  anything  over  and  above  the 
amount  provided  for  in  the  annual  appropriation  bill  of  that 
year,  except  as  herein  otherwise  specially  provided;  and  no 
expenditure  for  an  improvement  to  be  paid  for  out  of  the 
general  fund  of  the  corporation  shall  exceed,  in  any  one  year, 
the  amount  provided  for  such  improvement  in  the  annual 
appropriation  bill : Provided, ^ hoivever,  that  nothing  herein 
contained  shall  prevent  the  city  council  or  board  of  trustees 
from  ordering,  by  a two-thirds  vote,  any  improvement,  the 


1.  See  Fuller  rs.  Heath  et  al.  89  111.,  296. 

2.  Com.  ot  Highways  vs.  Newell  et  al.,  80  111.,  587;  Spring  et  al.  vs.  Collector  of 
City  of  Olney,  78  111.,  101. 


THE  CITY  OF  SPRINGFIELD. 


61 


necessity  of  which  is  caused  by  any  casualty  or  accident 
happening  after  such  annual  appropriation  is  made.  The 
city  council  or  board  of  trustees  may,  by  a like  vote,  order 
the  mayor  or  president  of  the  board  of  tiustees  and  finance 
committee,  to  borrow  a sufficient  amount  to  provide  for  the 
expense  necessary  to  be  incurred  in  making  any  improve- 
ments, the  necessity  for  which  has  arisen,  as  is  last  above 
mentioned,  for  a space  of  time  not  exceeding  the  close  of 
the  next  fiscal  year;  which  sum,  and  the  interest,  shall  be 
added  to  the  amount  authorized  to  be  raised  in  the  next 
general  tax  levy,  and  embraced  therein.  Should  any  judg- 
ment be  obtained  against  the  corporation,  the  mayor,  or 
president  of  the  board  of  trustees,  and  finance  commit- 
tee, under  the  sanction  of  the  city  council  or  board  of 
trustees,  may  borrow  a sufficient  amount  to  pay  the  same, 
for  a space  of  time  not  exceeding  the  close  of  the  next  fiscal 
year — which  sum  and  interest  shall,  in  like  manner,  be  added 
to  the  amount  authorized  to  be  raised  in  the  general  tax 
levy  of  the  next  year  and  embraced  therein.^ 

92.  Contracting  liabilities  limited.']  § 4.  No  contract 
shall  be  hereafter  made  by  the  city  council  or  board  of 
trustees,  or  any  committee  or  member  thereof;  and  no 
expense  shall  be  incurred  by  any  of  the  officers  or  depart- 
ments of  the  corporation,  whether  the  object  of  the  expen- 
diture shall  have  been  ordered  by  the  city  council  or  board 
of  trustees  or  not,  unless  an  appropriation  shall  have  been 
previously  made  concerning  such  expense,  except  as  herein 
otherwise  expressly  provided. 

93.  Duties  of  treasurer.]  § 5.  The  treasurer  shall  receive 
all  moneys  belonging  to  the  corporation,  and  shall  keep  his 
books  and  accounts  in  such  manner  as  may  be  prescribed 
by  ordinance,  and  such  books  and  accounts  shall  always  be 
subject  to  the  inspection  of  any  member  of  the  city  council 
or  board  of  trustees. 

94.  Separate  accounts.]  § 6.  He  shall  keep  a separate 
account  of  each  fund  or  appropriation,  and  the  debts  and 
credits  belonging  thereto. 

95.  Receipts.]  § 7.  He  shall  give  every  person  paying 
money  into  the  treasury  a receipt  therefor,  specifying  the 
date  of  payment,  and  upon  what  account  paid ; and  he  shall 
also  file  copies  of  such  receipts  with  the  clerk,  at  the  date 
of  his  monthly  reports. 


1..  An  execution  cannot  issue  against  a city  or  other  municipal  corporation 
on  a judgment  for  debt  or  damages  against  it.  Chicago  vs.  Husley,  25  111.  595 
Nor  against  the  property  of  citizens.  § 10,  Art.  9 of  the  Const,  of  1870.  Nor  are 
cities  subject  to  garnishment.  Merwin  vs.  Chicago,  45  111.,  133. 

(a)  Mandamus  will  lie  to  require  a city  to  levy  a tax  to  pay  a judgment 
against  It.  Olney  vs.  Harvey,  50  111.,  453.  See  also  The  People  vs.  Cairo,  50  HI.. 
155;  and  Elrod  vs.  Bernadotte,  53  id.,  369. 


52 


STATUTES  EELATING  TO 


96.  Monthly  statements  — warrants  — vouchers  — register.] 
§ 8.  The  treasurer  shall,  at  the  end  of  each  and  every 
month,  and  oftener  if  required,  render  an  account  to  the 
city  council  or  board  of  trustees,  or  such  officer  as  may  be 
designated  by  ordinance  (under  oath,)  showing  the  state  of 
the  treasury  at  the  date  of  said  account,  and  the  balance  of 
money  in  the  treasury.  He  shall  also  accompany  such 
accounts  with  a statement  of  all  moneys  received  into  the 
treasury,  and  on  what  account,  together  with  all  warrants 
redeemed  and  paid  by  him;  which  said  warrants,  with  any 
and  all  vouchers  held  by  him,  shall  be  delivered  to  the  clerk, 
and  filed  with  his  said  account  in  the  clerk’s  office,  upon 
every  day  of  such  settlement.  He  shall  return  all  warrants 
paid  by  him  stamped  and  marked  “paid.”  He  shall  keep  a 
register  of  all  warrants  redeemed  and  paid,  which  shall 
describe  such  warrants,  and  show  the  date,  amount,  num- 
ber, the  fund  from  which  paid,  the  name  of  the  person  to 
whom  and  when  paid. 

97.  Deposit  of  funds  — separate  from  his.]  § 9.  The 
treasurer  may  be  required  to  keep  all  moneys  in  his  hands, 
belonging  to  the  corporation,  in  such  place  or  places  of 
deposit  as  may  be  designated  by  ordinance : Provided,  how- 
ever, no  such  ordinance  shall  be  passed  by  which  the  custody 
of  such  money  shall  be  taken  from  the  treasurer  and 
deposited  elsewhere  than  in  some  regularly  organized  bank, 
nor  without  a bond  to  be  taken  from  such  bank,  in  such 
penal  sum  and  with  such  security  as  the  city  council  or 
board  of  trustees  shall  direct  and  approve,  sufficient  to  save 
the  corporation  from  any  loss;  but  such  penal  sum  shall 
not  be  less  than  the  estimated  receipts  for  the  current  year 
from  taxes  and  special  assessments  levied,  or  to  be  levied 
by  the  corporation.  The  treasurer  shall  keep  all  moneys 
belonging  to  the  corporation  in  his  hands  separate  and  dis- 
tinct from  his  own  moneys,  and  he  is  hereby  expressly  pro- 
hibited from  using,  either  directly  or  indirectly,  the  corpor- 
ation money  or  warrants  in  his  custody  or  keeping,  for  his 
own  use  and  benefit,  or  that  of  any  other  person  or  persons 
whomsoever;  and  any  violation  of  this  provision  shall  sub- 
ject him  to  immediate  removal  from  office  by  the  city  coun- 
cil or  board  of  trustees,  who  are  hereby  authorized  to  declare 
said  office  vacant ; and  in  which  case  his  successor  shall  be 
appointed,  who  shall  hold  his  office  for  the  remainder  of  the 
term  unexpired  of  such  officer  so  removed. 

98.  Treasurer's  annual  report — publication.]  § 10.  The 
treasurer  shall  report  to  the  city  council  or  board  of  trustees, 
as  often  as  required,  a full  and  detailed  account  of  all 
receipts  and  expenditures  of  the  corporation,  as  shown  by 
his  books,  up  to  the  time  of  said  report;  and  he  shall, 
annually,  between  the  first  and  tenth  of  April,  make  out  and 


THE  CITY  OF  SPRINGFIELD. 


53 


file  with  the  clerk  a full  and  detailed  account  of  all  such 
receipts  and  expenditures,  and  of  all  his  transactions,  as 
such  treasurer,  during  the  preceding  fiscal  year,  and  shall 
show  in  such  account  the  state  of  the  treasury  at  the  close 
of  the  fiscal  year;  which  account  the  clerk  shall  imme- 
diately cause  to  be  published  in  a newspaper  printed  in  such 
city,  if  there  be  one,  and  if  not,  then  by  posting  the  same 
in  a public  place  in  the  clerk’s  office. 

99.  Warrants.]  § 11.  All  warrants  drawn  upon  the 
treasurer  must  be  signed  by  the  mayor  and  countersigned 
by  the  clerk,  stating  the  particular  fund  or  appropriation  to 
which  the  same  is  chargeable,  and  the  person  to  whom 
payable ; and  no  money  shall  be  otherwise  paid  than  upon 
such  warrants  so  drawn,  except  as  hereinafter  provided. 

100.  Special  assessment  funds  .kept  separate.]  § 12.  All 
moneys  received  on  any  special  assessment  shall  be  held  by 
the  treasurer  as  a special  fund,  to  be  applied  to  the  pay- 
ment of  the  improvements,  for  which  the  assessment  was 
made,  and  said  money  shall  be  used  for  no  other  purpose 
whatever,  unless  to  reimburse  such  corporation  for  money 
expended  for  such  improvement. 

CITY  COLLECTOR. 

101.  His  duties.]  ^ § 13.  It  shall  be  the  duty  of  the 
collector,  when  one  is  appointed,  to  preserve  all  warrants 
which  are  returned  into  his  hands,  and  he  shall  keep  such 
books  and  his  accounts  in  such  manner  as  the  city  council 
may  prescribe.  Such  warrants,  books,  and  all  papers  per- 
taining to  his  office,  shall  at  all  times  be  open  to  the  in- 
spection of,  and  subject  to  the  examination  of,  the  mayor, 
city  clerk,  any  member  of  the  council,  or  committee  thereof. 
He  shall,  weekly,  and  oftener  if  required  by  the  council,  pay 
over  to  the  treasurer  all  moneys  collected  by  him  from  any 
source  whatever,  taking  such  treasurer’s  receipt  ^ therefor, 
which  receipt  he  shall  immediately  file  with  the  city  clerk; 
but  the  city  clerk  shall,  at  the  time,  or  on  demand,  give 
such  tax  collector  a copy  of  any  such  receipt  so  filed. 

102.  He  shall  report,  etc. — publication.]  § 14.  He  shall 
make  a report,  in  writing,  to  the  council,  or  any  officer 
designated  by  the  council,  of  all  moneys  collected  by  him, 
the  account  whereon  collected,  or  of  any  other  matter  in 
connection  with  his  office,  when  required  by  the  council  or 
by  any  ordinance  of  the  city.  He  shall  also,  annually, 
between  the  first  and  tenth  of  April,  file  with  the  clerk  a 
statement  of  all  the  moneys  collected  by  him  during  the 
year,  the  particular  warrant,  special  assessment  or  account 
on  which  collected,  the  balance  of  moneys  uncollected  on  all 


54 


STATUTES  RELATING  TO 


warrants  in  his  hands,  and  the  balance  remaining  uncol- 
lected at  the  time  of  the  return  on  all  warrants  which  he 
shall  have  returned  during  the  preceding  fiscal  year,  to  the 
city  clerk.  The  city  clerk  shall  publish  or  post  the  same, 
as  hereinbefore  required  to  be  done  in  regard  to  the  annual 
report  of  the  treasurer. 

103.  Not  to  detain  money — penalty.']  § 15.  The  col- 
lector is  hereby  ^ expressly  prohibited  from  keeping  the 
moneys  of  the  city  in  his  hands,  or  in  the  hands  of  any 
person  or  corporation,  to  his  use,  beyond  the  time  which 
may  be  prescribed  for  the  payment  of  the  same  to  the 
treasurer,  and  any  violation  of  this  provision  will  subject 
him  to  immediate  removal  from  ofiice. 

104.  Examination  of  his  books — paying  over.]  § 16.  All 
the  city  collector’s  papers,  books,  warrants  and  vouchers 
may  be  examined  at  any  time  by  the  mayor  or  clerk,  or 
any  member  of  the  city  council;  and  the  collector  shall, 
every  two  weeks,  or  oftener  if  the  city  council  so  direct,  pay 
over  all  money  collected  by  him  from  any  person  or  persons, 
or  associations,  to  the  treasurer,  taking  his  receipt  therefor 
in  duplicate,  one  of  which  receipts  he  shall  at  once  file  in 
the  office  of  the  city  clerk. 

CITY  COMPTROLLER. 

105.  His  powers  and  duties.]  § 17.  The  city  comp- 
troller (if  there  shall  be  any  city  comptroller  appointed;  if 
not,  then  the  clerk)  shall  exercise  a general  supervision  over 
all  the  officers  of  the  corporation  charged  in  any  manner 
with  the  receipt,  collection  or  disbursement  of  corporation 
revenues,  and  the  collection  and  return  of  all  such  revenues 
into  the  treasury.  He  shall  have  the  charge,  custody  and 
control  of  all  deeds,  leases,  warrants,  vouchers,  books  and 
papers  of  any  kind,  the  custody  of  which  is  not  herein 
given  to  any  other  officers;  and  he  shall,  on  or  before  the 
fifteenth  day  of  May  in  each  year,  and  before  the  annual 
appropriations  to  be  made  by  the  city  council  or  board  of 
trustees,  submit  to  the  city  council  or  board  of  trustees  a 
report  of  his  estimates,  as  nearly  as  may  be,  of  moneys 
necessary  to  defray  the  expenses  of  the  corporation  during 
the  current  fiscal  year.  He  shall,  in  said  report,  class  the 
different  objects  and  branches  of  expenditures,  giving,  as 
nearly  as  may  be,  the  amount  required  for  each;  and  for 
the  purpose  of  making  such  a report,  he  is  authorized  to 
require  of  all  officers  their  statement ‘of  the  condition  and 
expenses  of  their  respective  offices  or  departments,  with  any 
proposed  improvements  and  the  probable  expense  thereof,  all 
contracts  made  and  unfinished,  and  the  amount  of  any  and 
all  unexpended  appropriations  of  the  preceding  year.  He 


THE  CITY  OF  SPRINGFIELD. 


55 


shall,  in  such  report,  show  the  aggregate  income  of  the  pre- 
ceding fiscal  year  from  all  sources,  the  amount  of  liabilities 
outstanding  upon  which  interest  is  to  be  paid,  the  bonds  and 
debts  payable  during  the  year,  when  due  and  when  payable ; 
and  in  such  report  he  shall  give  such  other  information  to 
the  council  or  board  of  trustees  as  he  may  deem  necessary, 
to  the  end  that  the  city  council  or  board  of  trustees  may 
fully  understand  the  money  exigencies  and  demands  upon 
the  corporation  for  the  current  year. 

106.  Council  may  define  the  duties — transfer  of  clerk's 
financial  duties.]  § 18.  When  there  shall  be  appointed  in 
any  city  a comptroller,  the  city  council  may,  by  ordinance 
or  resolution,  confer  upon  him  such  powers,  and  provide  for 
the  performance  of  such  duties  by  him,  as  the  city  council 
shall  deem  necessary  and  proper;  and  all  the  provisions  of 
this  act  relating  to  the  duties  of  city  clerk  in  connection 
with  the  finances,  the  treasurer  and  collector,  or  the  receipt 
and  disbursement  of  the  moneys  of  such  city,  shall  be  exer- 
cised and  performed  by  such  comptroller,  if  one  there  shall 
be  appointed;  and  to  that  end  and  purpose,  wherever  in 
this  act  heretofore  the  word  “clerk”  is  used,  it  shall  be  held 
to  mean  “comptroller;”  and  wherever  the  “clerk’s  office”  is 
referred  to,  it  shall  be  held  to  mean  “comptroller’s  office.” 

107.  Record  of  bonds  issued  by  city.]  § 19.  The  comp- 
troller, when  there  shall  be  a comptroller,  and  if  not.  then 
the  clerk,  shall  keep  in  his  office,  in  a book  or  books  kept 
expressly  for  that  purpose,  a correct  list  of  all  the  out-ljind- 
ing  bonds  of  the  city,  showing  the  number  and  amount  of 
each,  for  and  to  whom  the  said  bonds  are  issued;  and  when 
any  city  bonds  are  purchased,  or  paid,  or  canceled,  said 
book  or  books  shall  show  the  fact ; and  in  his  annual  report 
he  shall  describe,  particularly,  the  bonds  sold  during  the 
year,  and  the  terms  of  sale,  with  each  and  every  item  of 
expense  thereof. 


GENERAL  PROVISIONS. 

108.  Further  duties  may  be  required.]  § 20.  The  col- 
lector and  treasurer,  and  all  other  officers  connected  with 
the  receipt  and  expenditure  of  money,  shall  perform  such 
other  duties,  and  be  subject  to  such  other  rules  and  regula- 
tions, as  the  city  council  or  board  of  trustees  may,  from 
time  to  time,  by  ordinance,  provide  and  establish. 

109.  Appeal  to  finance  committee.]  § 21.  In  the  adjust- 
ment of  the  accounts  of  the  collector  or  treasurer  with  the 
clerk  (or  comptroller  if  there  shall  be  one),  there  shall  be  an 
appeal  to  the  finance  committee  of  the  council  or  board  of 


56 


• STATUTES  B SLATING  TO 


trustees,  whose  decision  in  all  matters  of  controversy  arising 
between  said  officers  shall  be  binding,  unless  the  city  council 
or  board  of  trustees  shall  otherwise  direct  and  provide. 

no.  Who  may  appoint  subordinates.]  § 22.  The  comp^ 
troller  (if  there  shall  be  one),  the  clerk,  treasurer  and  col- 
lector shall,  severally,  appoint  such  various  clerks  and 
subordinates  in  their  respective  offices  as  the  city  council 
or  board  of  trustees  may  authorize,  and  shall  be  held, 
severally,  responsible  for  the  fidelity  of  all  persons  so  ap- 
pointed by  them. 

‘ 111.  Foreign  insurance  companies — license,  etc. — penal- 
ties.] § 23.  All  corporations,  companies  or  associations  not 
incorporated  under  the  laws  of  this  State,  engaged  in  any 
city  in  effecting  fire  insurance,  shall  pay  to  the  treasurer 
the  sum  of  $2  upon  $100  of  the  net  receipts  by  their  agency 
in  such  city,  and  at  that  rate  upon  the  amount  of  all 
premiums  which,  during  the  half  year  ending  on  every  first 
day  of  July  and  January,  shall  have  been  received  for  any 
insurance  effected  or  agreed  to  be  effected  in  the  city  or 
village,  by  or  with  such  corporations,  companies  or  associa- 
tions, respectively.  Every  person  who  shall  act  in  any  city 
or  village  as  agent,  or  otherwise,  for  or  on  behalf  of  any 
such  corporation,  company  or  association,  shall,  on  or  before 
the  fifteenth  day  of  July  and  January  in  each  year,  render 
to  the  comptroller  (if  any  there  be,  if  not,  to  the  clerk),  a 
full,  true  and  just  account,  verified  by  his  oath,  of  all  pre- 
miums which,  during  the  half  year  ending  on  every  first  day 
of  July  and  January  preceding  such  report,  shall  have  been 
received  by  him,  or  any  other  person  for  him,  in  behalf  of 
any  such  corporation,  company  or  association,  and  shall 
specify  in  said  account  the  amounts  received  for  fire  insur- 
ance. Such  agents  shall  also  pay  over  to  the  treasurer,  at 
the  time  of  rendering  the  aforesaid  account,  the  amount  of 
rates  for  which  the  company  or  companies“  represented  by 
them  are  severally  chargeable  by  virtue  thereof.  If  such 
account  be  not  rendered  on  or  before  the  day  hereinbefore 
designated  for  that^  purpose,  or  if  said  rates  shall  remain 
^unpaid  after  that  day,  it  shall  be  unlawful  for  any  corpor- 
ation, company  or  association  so  in  default,  to  transact  any 
business  of  insurance  in  any  such  city  or  village,  until  the 
,said  requisition  shall  have  been  fully  complied  with;  but 
this  provision  shall  not  relieve  any  company  from  the  pay- 
ment of  any  risk  that  may  be  taken  in  violation  thereof.^ 

1.  Such  licenses  may  be  required  by  the  Leerislature,  of  both  foreign  and 
domestic  insurance  companies.  The  People  vs.  Thurber,  13  111.,  554;  F.  B.  A.  vs. 
Lounsbury,  21  id.,  513;  I.  N.  F.  I.  Co.  vs.  Peoria.  29  id.,  183;  Ducat  vs.  Chicago,  48 
id.,  172. 

(i)  And  foreign  companies  cannot  enforce  contracts  of  insurance  without 
such  license  required  by  law.  Cen.  Mut.  H.  A.  Go.  vs.  Rosenthal,  55  111.,  86. 


THE  CITY  OF  SPRINGFIELD. 


57 


Any  person  or  persons  violating  any  of  the  provisions  of 
this  section  shall  be  subject  to  indictment,  and,  upon  con- 
viction thereof  in  any  court  of  competent  jurisdiction,  shall 
be  fined  in  any  sum  not  exceeding  $1,000,  or  imprisoned  not 
exceeding  six  months,  or  both,  in  the  discretion  of  the  court. 
Said  rates  may  also  be  recovered  of  such  corporation,  com- 
pany or  association,  or  its  agent,  by  action  in  the  name  and 
for  the  use  of  any  such  city  or  village,  as  for  money  had 
and  received  for  its  use : Provided,  that  this  section  shall 
only  apply  to  such  cities  and  villages  as  have  an  organized 
fire  department,  or  maintain  some  organization  for  the  pre- 
vention of  fires.  [See  post  § 251. 


Article  VIII. 

OF  ASSESSMENT  AND  COLLECTION  OF  TAXES. 

112.  Ordinance  levying  tax — limitation.']  § 1.  The  city 
council  in  cities,  and  boards  of  trustees  in  villages,  may  levy 
and  collect  taxes  for  corporate  purposes  in  the  manner  fol- 
lowing: The  city  council,  or  boards  of  trustees,  as  the  case 
may  be,  shall  annually,  on  or  before  the  third  (3d)  Tuesday 
in  September  in  each  year,  ascertain  the  total  amount  of 
appropriations  for  all  corporate  purposes  legally  made,  and 
to  be  collected  from  the  tax  levy  of  that  fiscal  year ; and  by 
an  ordinance  specifying  in  detail  the  purposes  for  which 
such  appropriations  are  made,  and  the  sum  or  amount 
appropriated  for  each  purpose,  respectively,  levy  the 
amount  so  ascertained  upon  all  the  property  subject  to 
taxation  within  the  city  or  village,  as  the  same  is  as- 
sessed and  equalized  for  State  and  county  purposes  for 
the  current  year.  A certified  copy  of  such  ordinance  shall 
be  filed  with  the  county  clerk  of  the  proper  county,  whose 
duty  it  shall  be  to  ascertain  the  rate  per  cent,  which,  upon 
the  total  valuation  of  all  property  subject  to  taxation  within 
the  city  or  village,  as  the  same  is  assessed  and  equalized 
for  State  and  county  purposes,  will  produce  a net  amount 
not  less  than  the  amount  so  directed  to  be  levied ; and  it 
shall  be  the  duty  of  the  county  clerk  to  extend  such  tax  in 
a separate  column  upon  the  book  or  books  of  the  collector 
or  collectors  of  State  and  county  taxes,  within  such  city  or  vil- 
lage : Provided,  the  aggregate  amount  of  taxes  levied  for  any 
one  (1)  year,  exclusive  of  the  amount  levied  for  the  payment  of 
bonded  indebtedness  or  the  interest  thereon,  shall  not  exceed 
the  rate  of  two  (2)  per  centum  upon  the  aggregate  valuation 
of  all  property  within  such  city  or  village  subject  to  taxation 
therein,  as  the  same  was  equalized  for  State  and  county 
taxes  of  the  preceding  year.  [As  amended  by  act  approved 
May  28,  1879.  « ^ l j ^ 


^8 


STATUTES  RELATING  TO 


113.  Manner  of  collecting.']  § 2.  The  tax  so  assessed 
shall  be  collected  and  enforced  in  the  same  manner  and  by 
the  same  officers  as  State  and  county  taxes,  and  shall  be 
paid  over  by  the  officers  collecting  the  same  to  the  treasurer 
of  the  city  or  village. 

114.  Time  of  'paying  over.]  § 3.  It  shall  be  the  duty 
of  the  officer  collecting  such  tax  to  settle  with  and  pay  over 
to  such  treasurer,  as  often  as  once  in  two  weeks  from  the 
time  he  shall  commence  the  collection  thereof,  all  such  taxes 
as  he  shall  then  have  collected,  till  the  whole  tax  collected 
shall  be  paid  over. 

115.  When  tax  levied  for  particular  purpose.]  §4.  When- 
ever any  city  or  village  is  required  to  levy  a tax  for  the  pay- 
ment of  any  particular  debt,  appropriation  or  liability  of 
the  same,  the  tax  for  such  purpose  shall  be  included  in  the 
total  amount  assessed  by  the  city  council  or  board  of  trus- 
tees, and  certified  to  the  county  clerk  as  aforesaid ; but  the 
city  council  or  board  of  trustees  shall  determine,  in  the  or- 
dinance making  such  assessment,  what  proportion  of  such 
total  amount  shall  be  applicable  to  the  payment  of  such 
particular  debt,  appropriation  or  liability;  and  the  city  or 
village  treasurer  shall  set  apart  such  proportion  of  the  tax 
collected  and  paid  to  him  for  the  payment  of  such  particu- 
lar debt,  appropriation  or  liability,  and  shall  not  disburse 
the  same  for  any  other  purpose  until  such  debt,  appropria- 
tion or  liability  shall  have  been  discharged. 

116.  Uniformity.]  § 5.  All  taxes,  levied  or  assessed 
by  any  city  or  village,  except  special  assessments  for  local 
improvements,  shall  be  uniform  upon  all  taxable  property 
and  persons  within  the  limits  of  the  city,  and  no  property 
shall  be  exempt  therefrom  other  than  such  property  as  may 
be  exempt  from  taxation  under  the  constitution  and  general 
laws  of  the  State.^ 

Article  IX. 

SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 

117.  Powers  conferred.]  § 1.  That  the  corporate  au- 
thorities of  cities  and  villages  are  hereby  vested  with  power 
to  make  local  improvements  by  special  assessment,  or  by 
special  taxation,  or  both,  of  contiguous  property,  or  general 
taxation,  or  otherwise,  as  they  shall  by  ordinance  prescribe. 
[See  Const.  Art.  9,  § 9. 


1.  Bee  § 9,  Art.  9 of  Const,  of  1870. 

(a)  An  exception  in  the  ordinance  of  any  snecies  of  property,  not  exempt 
by  the  general  statutes  from  taxation,  would  make  the  ordinance  void;  but  a 
neglect  of  the  assessor  to  tax  any  particular  property  would  not  vitiate  an  as- 
sessment. Dunham  vs.  Chicago,  55  111.,  358. 


THE  CITY  OF  SPRINGFIELD. 


59 


118.  Ordinance  for  improvements  § 2.  When  any  such 
city  or  village  shall,  by  ordinance,  provide  for  the  making 
of  any  local  improvement,  it  shall,  by  the  same  ordinance, 
prescribe  whether  the  same  shall  be  made  by  special  assess- 
ment or  by  special  taxation  of  contiguous  property,  or  gen- 
eral taxation,  or  both. 

119.  When  property  is  taken,  etcS  § 3.  Should  said 
ordinance  provide  for  improvements  which  require  the  taking 
or  damaging  of  property,  the  proceeding  for  making  just 
compensation  therefor  shall  be  as  follows : 

120.  Petition.]  § 4.  Whenever  any  such  ordinance 
shall  be  passed,  by  the  legislative  authority  of  any  such 
city  or  village,  for  the  making  of  any  improvement  men- 
tioned in  the  first  section  of  this  act,  or  any  other  local 
improvement  that  such  city  or  village  is  authorized  to  make, 
the  making  of  which  will  require  that  private  property  be 
taken  or  damaged  for  public  use,  such  city  or  village  shall 
file  a petition  in  some  court  of  record  of  the  county  in 
which  such  city  is  situated,  in  the  name  of  the  city,  praying 
that  “the  just  compensation  to  be  made  for  private  property 
to  be  taken  or  damaged  for  the  improvement  or  purpose 
specified  in  such  ordinance,  shall  be  ascertained  by  a jury.” 

[See  Const,  of  1870,  Art.  2,  § 13. 

\ 

121.  Form  of  petition.]  § 5.  Such  petition  shall  con- 
tain a copy  of  the  said  ordinance,  certified  by  the  clerk 
under  the  corporate  seal;  a reasonably  accurate  description 
of  the  lots,  parcels  of  land,  and  property  which  will  be  taken 
or  damaged,  and  the  names  of  the  owners  and  occupants 
thereof,  so  far  as  known  to  the  board  or  officer  filing  the 
petition,  and  where  any  known  owners  are  non-residents  of 
the  State,  stating  the  fact  of  such  non-residence. 

122.  Summons — publication  — notice.]  § 6.  Upon  the 
filing  of  the  petition  aforesaid,  a summons,  which  may  be 
made  returnable  upon  any  day  in  term  time,  shall  be  issued 
and  served  upon  the  persons,  made  parties  defendant,  as  in 
cases  in  chancery.  And  in  case  any  of  them  are  unknown, 
or  reside  out  of  this  State,  or  on  due  inquiry  cannot  be  found, 
the  clerk  of  the  court,  upon  an  affidavit  being  filed  showing 
such  fact,  shall  cause  publication  to  be  made  in  some  news- 
paper printed  in  his  county,  or  if  there  be  no  newspaper 
published  in  his  county,  then  in  some  newspaper  published 
in  this  State,  containing  notice  of  the  pendency  of  such  pro- 
ceeding, the  parties  thereto,  the  title  of  the  court,  and  the 
time  and  place  of  the  return  of  the  summons  in  the  case, 
and  the  nature  of  said  proceeding;  such  publication  to  be 
made  for  four  weeks  consecutively,  at  least  once  in  each 
week,  the  first  of  which  shall  be  at  least  thirty  days  before 


60’ 


STATUTES  BELATING  TO 


the  return  day  of  such  summons.  Notices  so  given  for  pub- 
lication shall  be  sufficient  to  authorize  the  court  to  hear  and 
determine  the  suit,  as  though  all  parties  had  been  sued  by 
their  proper  names  and  had  been  personally  served. 

123.  Hearing— jury.]  § 7.  Upon  the  return  of  said 
summons,  or  as  soon  thereafter  as  the  business  of  the  court 
will  permit,  the  said  court  shall  proceed  to  the  hearing  of 
such  petition,  and  shall  impannel  a jury  to  ascertain  the  just 
compensation  to  be  paid  to  all  of  such  owners  and  occu- 
pants aforesaid;  but  if  any  defendant  or  party  in  interest 
shall  demand,  or  the  court  shall  deem  it  proper,  separate 
juries  may  be  impanneled  as  to  the  compensation  or  damages 
to  be  paid  to  any  one  or  more  of  such  defendants  or  par- 
ties in  interest. 

124.  Jury  to  ascertain  compensation  — admitting  other 
parties.]  § 8.  Such  jury  shall  also  ascertain  the  just  com- 
pensation to  be  paid  to  any  person  claiming  an  interest  in 
any  lot,  parcel  of  land  or  property,  which  may  be  taken  or 
damaged  by  such  improvement,  whether  or  not  such  per- 
son’s name,  or  lot,  parcel  of  land  or  other  property,  is  men- 
tioned or  described  in  such  petition : Provided,  such  person 
shall  first  be  admitted  as  a party  defendant  to  said  suit  by 
such  court,  and  shall  file  a statement  of  his  interest  in  and 
description  of  the  lot,  parcel  of  land,  or  other  property  in 
respect  to  which  he  claims  compensation. 

125.  Viewing  premises — ownership,  etc.]  § 9.  The  court 
may,  upon  the  motion  of  such  city  or  village,  or  of  any  per- 
son claiming  any  such  compensation,  direct  that  said  jury 
(under  the  charge  of  an  officer  of  the  court)  shall  view  the 
premises  which  it  is  claimed  by  any  party  to  said  proceed- 
ing will  be  taken  or  damaged  by  said  improvement,  and  in 
any  case,  where  there  is  no  satisfactory  evidence  given  to 
the  jury  as  to  the  ownership  of,  or  as  to  the  extent  of  the 
interest  of  any  defendant  in,  the  property  to  be  taken  or 
damaged,  the  jury  may  return  their  verdict  as  to  compensa- 
tion or  damage  to  be  paid  for  the  property  or  part  of  pro- 
perty to  be  taken  or  damaged,  and  for  the  entire  interest 
therein. 

126.  Judgment — neiv  parties— further  proceedings.]  § 10. 
Upon  the  return  of  such  verdict,  the  court  shall  order  the 
same  to  be  recorded,  and  shall  enter  such  judgment  or  de- 
cree thereon  as  the  nature  of  the  case  may  require.  The 
court  shall  continue  or  adjourn  the  cause,  from  time  to 
time,  as  to  all  occupants  and  owners  named  in  such  peti- 
tion who  shall  not  have  been  served  with  process,  or  brought 
in  by  publication,  and  shall  order  a new  summons  to  issue 
and  new  publication  to  be  made;  and  upon  such  occupants 


THE  CITY  OF  SPRINGFIELD. 


61 


or  owners  being  brought  into  court,  shall  impannel  a jury 
to  ascertain  the  compensation  so  to  be  paid  to  such  defend- 
ant or  defendants,  for  private  property  taken  or  damaged; 
and  like  proceedings  shall  be  had  for  such  purpose  as  here- 
inbefore provided  for  the  ascertaining  of  compensation  to 
other  owners. 

127.  Powers  of  court.']  § 11.  The  court  shall  have 
pow'er,  at  any  time,  upon  proof  that  any  such  owner  or 
owners  named  in  such  petition,  who  has  not  been  served 
with  process,  has  ceased  to  be  such  owner  or  owners  since 
the  filing  of  such  petition,  to  impannel  a jury  and  ascertain 
the  just  compensation  to  be  made  for  the  property  (or  the 
damage  thereto)  which  has  been  owned  by  the  person  or 
persons  so  ceasing  to  own  the  same ; and  the  court  may, 
upon  any  finding  or  findings  of  any  jury  or  juries,  or  at 
any  time  during  the  course  of  such  proceedings,  enter  such 
order,  rule,  judgment  or  decree  as  the  nature  of  the  case 
may  require. 

128.  Ownership  — further  powers  oj  court.]  § 12.  No 
delay  in  making  an  assessment  of  compensation  shall  be 
occasioned  by  any  doubt  or  contest  which  may  arise  as  to 
the  ownership  of  the  property,  or  any  part  thereof,  or  as  to 
the  interests  of  the  respective  owners  or  claimants,  but  in 
such  case  the  court  may  impannel  a jury  and  ascertain  the 
entire  compensation  or  damage  that  should  be  paid  for  the 
property,  or  part  of  property  and  the  entire  interest  of  all 
parties  therein,  and  may  require  adverse  claimants  to  inter- 
plead so  as  to  fully  determine  their  rights  and  interests  in 
the  compensation  so  ascertained.  And  the  court  may  make 
such  order  as  may  be  necessary  in  regard  to  the  deposit  or 
payment  of  such  compensation. 

129.  Persons  under  disahility .]  § 13.  When  it  shall 
appear  from  said  petition  or  otherwise,  at  any  time  during 
the  proceedings  upon  such  petition,  that  any  infant,  or  insane 
or  distracted  person,  is  interested  in  any  property  that  is  to 
be  taken  or  damaged,  the  court  shall  appoint  a guardian 
ad  litem,  for  such  infant,  or  insane  or  distracted  person,  to 
appear  and  defend  for  him,  her  or  them ; and  the  court 
shall  make  such  order  or  decree  as  it  shall  deem  proper  to 
protect  and  secure  the  interest  of  such  infant,  or  insane  or 
distracted  person,  in  such  property,  or  the  compensation 
which  shall  be  awarded  therefor. 

130.  Judgment  — effect — appeal,  etc.]  § 14.  Any  final 
judgment  or  judgments  rendered  by  said  court,  upon  any 
finding  or  findings  of  any  jury  or  juries,  shall  be  a lawful 
and  sufficient  condemnation  of  the  land  or  property  to  be 
taken  upon  the  payment  of  the  amount  of  such  finding  as 


62 


STATUTES  RELATING  TO 


hereinafter  provided.  It  shall  be  final  and  conclusive  as  to 
the  damages  caused  by  such  improvement,  unless  such  judg- 
ment or  judgments  shall  be  appealed  from;  but  no  appeal 
or  writ  of  error  upon  the  same  shall  delay  proceedings  under 
said  ordinance,  if  such  city  or  village  shall  deposit,  as  directed 
by  the  court,  the  amount  of  the  judgment  and  costs,  and 
shall  file  a bond  in  the  court  in  which  such  judgment  was 
rendered,  in  a sum  to  be  fixed  and  with  security  to  be 
approved  by  the  judge  of  said  court,  which  shall  secure  the 
payment  of  any  future  compensation  which  may  at  any  time 
be  finally  awarded  to  such  party  so  appealing  or  suing  out 
such  writ  of  error,  and  his  or  her  costs. 

131.  Order  far  possession.']  § 15.  The  court,  upon 
proof  that  said  just  compensation  so  found  by  the  jury  has 
been  paid  to  the  persons  entitled  thereto,  or  has  been 
deposited  as  directed  by  the  court  (and  bond  given  in  case 
of  any  appeal  or  writ  of  error),  shall  enter  an  order  that 
the  city  or  village  shall  have  the  right,  at  any  time  there- 
after, to  take  possession  of  or  damage  the  property,  in  respect 
to  which  such  compensation  shall  have  been  so  paid  or 
deposited,  as  aforesaid.^ 

132.  When  improvement  made  hy  general  tax.]  § 16. 
When  the  ordinance  under  which  said  improvement  is 
ordered  to  be  made,  shall  provide  that  such  improvement 
shall  be  made  by  general  taxation,  the  cost  of  such  improve- 
ment shall  be  added  to  the  general  appropriation  bill  of  such 
city  or  village,  and  shall  be  levied  and  collected  with,  and 
as  a part  of,  the  general  taxes  of  such  city  or  village. 

133.  By  speeial  taxation.]  § 17.  When  said  ordinance 
under  which  said  local  improvement  shall  be  ordered  shall 
provide  that  such  improvement  shall  be  made  by  special 
taxation  of  contiguous  property,  the  same  shall  be  levied, 
assessed  and  collected  in  the  way  provided  in  the  sections 
of  this  act  providing  for  the  mode  of  making,  levying,  as- 
sessing and  collecting  special  assessments.^ 

SPECIAL  ASSESSMENTS. 

134.  How  made.]  § 18.  When  the  ordinance  under 
which  said  local  improvement  is  ordered  to  be  made  shall 
provide  that  such  improvement  shall  be  wholly  or  in  part 


1.  An  action  on  the  case  will  lie  against  a city  for  failure  to  collect  and  pay 
over  damages  assessed  on  condemnation.  Clayburg  vs.  Chicago.  25  111.,  535. 

2.  The  general  requirements  in  Sec.  1.  Art.  9,  of  the  present  Constitution,  re- 
quiring taxation  to  be  by  valuation,  so  that  every  person  and  corporation  shall 
pay  a tax  in  proportion  to  his,  her  or  its  property,  is  modified  by  Sec.  9 of  the 
same  article,  so  that  the  corporate  authorities  of  cities,  towns  and  villages  may 
make  local  improvements  by  special  taxation  of  contiguous  property  or  other- 
wise, and  does  not  apply  in  this  case.  White  vs.  The  People,  ex  rel.  City  of 
Bloomington,  94  111.,  G04. 


THE  CITY  OF  SPRINGFIELD. 


63 


made  by  special  assessment,  the  proceedings  for  the  making 
such  special  assessment  shall  be  in  accordance  with  the 
sections  of  this  act  [article]  from  18  to  51  inclusive. 

135.  Ordinance  for  — sidetvalks  — oivner' s riglitsS\  § 19. 
Whenever  such  local  improvements  are  to  be  made  wholly 
or  in  part  by  special  assessment,  the  said  council  in  cities, 
or  board  of  trustees  in  villages,  shall  pass  an  ordinance  to 
that  effect,  specifying  therein  the  nature,  character,  locality 
and  description  of  such  improvement : Provided^  that  when- 
ever any  such  ordinance  shall  provide  only  for  the  building 
or  renewing  of  any  sidewalk,  the  owner  of  any  lot  or  piece 
of  land  fronting  on  such  sidewalk  shall  be  allowed  15  days 
after  the  time  at  which  such  ordinance  shall  take  effect  in 
which  to  build  or  renew  such  sidewalk  opposite  his  land,  and 
thereby  relieve  the  same  from  assessment:  Provided,  that 
the  work  so  to  be  done  shall  in  all  respects  conform  to  the 
requirements  of  such  ordinance.^ 

136.  Estimate  of  cost.]  § 20.  The  city  council  or  board 
of  trustees  shall  appoint  three  of  its  members,  or  any  other 
three  competent  persons,  who  shall  make  an  estimate  of  the 
cost  of  the  improvement  contemplated  by  such  ordinance, 
including  labor,  materials,  and  all  other  expenses  attending 
the  same,  and  the  cost  of  making  and  levying  the  assess- 
ment, and  shall  report  the  same  in  writing  to  said  council 
or  board  of  trustees. 

137.  Order  for  proceedings  in  court.]  § 21.  On  such  report 
being  made  and  approved  by  the  council,  or  board  of  trustees, 
as  the  case  may  be,  it  may  order  a petition  to  be  filed  by 
such  officer  as  it  shall  direct,  in  the  county  court  of  its 
county,  for  proceedings  to  assess  the  cost  of  such  improve- 
ment in  the  manner  provided  in  this  act. 

138.  Petition  to  court.]  § 22.  The  petition  shall  be  in 
the  name  of  the  corporation,  and  shall  recite  the  ordinance 
for  tlae  proposed  improvement,  and  the  report  of  such  com- 
mission, and  shall  pray  that  the  cost  of  such  improvement 
may  be  assessed  in  the  manner  prescribed  by  law. 

139.  Appointment  of  commissioners— oath.]  § 23.  Upon 
the  filing  of  such  petition  the  court  shall  appoint  three  com- 
petent persons  as  commissioners,  who  shall  take  and  subscribe 
an  oath  in  substance  as  follows,  to-wit : 

state  of  Illinois, county,  ss.  We  the  undersigned,  commissioners 

appointed  by  the  county  court  of county,  to  assess  the  cost  of (here 

state  in  general  terms  the  improvement),  do  solemnly  swear,  (or  affirm  as  the 


1.  An  ordinance  for  a connected  systemof  water-works  for  the  whole  village 
does  not  provide  for  but  one  local  improvement,  and  is  not  invalid  as  embracing 
separate  and  distinct  improvements.  Thei,  People,  ex  rel.  H.  B.  Miller,  etc.  vs. 
P.  L.  Sherman  et  al.,  83  111.,  165;  and  see  Weckler -us.  City  of  Chicago,  61  111.,  142. 


64 


. STATUTES  RELATING  TO 


case  may  be),  that  we  will  a true  and  impartial  assessment  make  of  the  cost  of 
said  improvement  upon  the  city  (or  village)  of . and  the  property  bene- 

fited by  such  improvement,  to  the  best  of  our  ability,  and  according  to  law. 

140.  Duty  of  commissioners.]  § 24.  It  shall  be  the  duty 
of  such  commissioners  to  examine  the  locality  where  the 
improvement  is  proposed  to  be  made,  and  the  lots,  blocks, 
tracts  and  parcels  of  lands  that  will  be  specially  benefited 
thereby,  and  to  estimate  what  proportion  of  the  total  cost 
of  such  improvement  will  be  of  benefit  to  the  public,  and 
what  proportion  thereof  will  be  of  benefit  to  the  property  to 
be  benefited ; and  apportion  the  same  between  the  city  or 
village  and  such  property,  so  that  each  shall  bear  its  relative 
equitable  proportion;  and  having  found  said  amounts,  to 
apportion  and  assess  the  amount  so  found  to  he  of  benefit 
to  the  property,  upon  the  several  lots,  blocks,  tracts  and 
parcels  of  land  in  the  proportion  in  which  they  will  be 
severally  benefited  fey  such  improvement : Provided,  that  no 
lot,  block,  tract  or  parcel  of  land  shall  be  assessed  a greater 
amount  than  it  will  be  actually  benefited:  And,  provided 
further,  that  it  shall  not  be  necessary  for  said  commissioners 
to  examine  the  locality,  except  where  the  ordinance  provides 
for  the  opening,  widening  or  improvement  of  streets  and 
alleys.  [As  amended  by  act  approved  and  in  force  March 
30,  1874.1 

[§  25,  repealed  by  act  approved  April  25,  1873.] 

141.  Assessment  roll — return.]  § 26.  They  shall  also 
make  or  cause  to  be  made  an  assessment  roll,  in  which  shall 
appear  the  names  of  the  owners,  so  far  as  known,  a descrip- 
tion of  each  lot,  block,  tract  or  parcel  of  land,  and  the 
amount  assessed  as  special  benefits  thereto,  and  in  which 
they  shall  set  down  as  against  the  city  or  village  the  amount 
they  shall  have  found  as  public  benefit,  and  certify  such 
assessment  roll,  to  the  court  by  which  they  were  appointed, 
at  least  ten  days  before  the  first  day  of  the  term  at  which 
a final  hearing  thereon  shall  be  had.  [As  amended  by  act 
approved  and  in  force  March  30,  1874. 


1.  Notes  to  Sec.  24— FicZe  Sec.  9 of  Art.  9,  Const,  of  1870. 

(а)  This  act  is  broad  enough  to  authorize  the  making  of  special  assess- 
ments on  property  specially  benefited,  without  regard  to  its  being  contiguous. 
Guild  vs.  Chicago,  82  III.,  472.  Such  assessments  are  not  like  taxes,  a charge 
upon  property  that  reduces  its  value.  Trustees,  etc.  v.s.  Chicago,  12  111.,  403: 
Peoria  vs.  Kidder,  26  III,  357. 

(б)  A special  assessment  is  void  where  the  whole  cost  of  the  improvement 
is  put  upon  property  in  proportion  to  the  benefits  exceeding  the  actual  benefits 
conferred.  St.  John  vs.  East  St.  Louis,  50  111.,  90, 

(c)  An  assessment  voluntarily  paid  cannot  be  recovered  back,  although  the 
judgment  is  void.  Union  Building  Ass.  vs.  City  of  Chicago,  61  111.,  432;  Swanston 
vs.  Ijams,  63  111.,  166. 

(d)  Church  property  exempt  from  general  taxation,  is  liable  to  special 
assessments.  Ottawa  vs.  Trustees,  etc,,  22  111.,  624.  So  is  property  owned  by  a 
city.  Scammon  vs.  Chicago,  42  III.,  193.  Or  owned  by  a street  railroad.  Chicago 
vs.  Baer,  41  111,,  306. 

(e)  Assessments  must  be  for  improvements  to  be  made,  and  not  for  those 
alreaflv  completed.  Dorothy  rs.  Chicago,  53  111.,  79;  see  Howell  vs.  Buffalo, 

= 37  N.  Y.,  267.  ■ 


THE  CITY  CF  SPRINGFIEI.D. 


65 


142.  Notice  hy  mail — positing  and  publication.]  § 27.  It 
shall  also  be  the  duty  of  such  commissioners  to  give  notice 
of  such  assessment,  and  of  the  term  of  court  at  which  a 
final  hearing  thereon  will  be  had,  in  the  following  manner: 

/<7,.s^_They  shall  send  by  mail  to  each  owner  of  premises 
assessed,  wdiose  name  and  place  of  residence  is  known  to 
them,  or,  upon  diligent  inquiry,  can  be  ascertained,  a notice 
substantially  in  the  following  form: 

Mr. ; Your  Ihere  give  a short  description  of  the  premises.l  is 

assp<;sed  .$  for  public  improvement.  The  assessmnnt  roll  will  be  returned 

to  the term  of  the  county  court  of county.  [Here  give  date.l 

y Commissioners. 


Second — They  shall  cause  at  least  ten  days’  notice  to  be 
given,  by  posting  notices  in  at  least  four  public  places  in 
such  city  or  village,  two  of  which  shall  be  in  the  neighbor- 
hood of  such  proposed  improvement;  and  when  a daily 
newspaper  is  published  in  such  city  or  village,  by  publishing 
the  same  at  least  five  successive  days  in  such  daily  news- 
paper, or  if  no  daily  newspaper  is  published  in  such  city  or 
village,  and  a weekly  newspaper  is  published  therein,  then 
at  least  once  in  each  week,  for  two  successive  weeks,  in  such 
weekly  newspaper,  or  if  no  daily  or  weekly  newspaper  is 
published  in  such  city  or  village,  then  in  a newspaper  pub- 
lished in  the  county  in  which  such  city  or  village  is  situated. 
The  notice  may  be  substantially  as  follows : 

SPECIAL  ASSESSMENT  NOTICE. 

Notice  is  hereby  given  to  all  persons  interested  that  the  city  council  (or 

board  of  trustees,  as  the  case  may  be,)  of having  ordered  that  ihere 

insert  the  description  and  nature  of  improvements  substantially  as  in  ordi- 
nance,! have  applied  to  the  county  court  of county  for  an  assessment 

of  the  cost  of  said  improvements  according  to  benefits,  and  an  assessment 
thereof  having  been  made  and  returned  to  said  court,  the  final  hearing  thereon 

will  be  had  at  the term  of  said  court,  commencing  on  the day  of 

, A.  D.  18—.  All  persons  desiring  may  then  and  there  appear  and  make 

their  defense.  [Here  give  date.] 

j- Commissioners. 

[As  amended  by  act  approved  April  25,  1873.] 

143.  Proof  of  7iotice.]  § 28.  On  or  before  the  final 
hearing,  the  affidavit  of  one  or  more  of  the  commissioners 
shall  be  filed  in  said  court,  stating  that  they  have  sent  or 
caused  to  be  sent  by  mail  to  the  owners  whose  premises 
have  been  assessed,  and  whose  names  and  places  of  resi- 
dence are  known  to  them,  or,  upon  diligent  inquiry,  could 
be  ascertained,  the  notice  hereinbefore  required  to  be  sent 
by  mail  to  owners  of  premises  assessed.  They  shall  also 
cause  to  be  filed  the  affidavit  of  the  person  who  shall  have 
posted  the  notices  required  by  this  act  to  be  posted,  setting 
forth  when  and  in  what  manner  the  same  were  posted. 
Such  affidavits  shall  be  received  as  prima  facie  evidence  of 


6G 


STATUTES  RELATING  TO 


a compliance  with  this  act  in  regard  to  giving  such  notices. 
They  shall  also  file  a certificate  of  publication  of  said  notice 
in  like  manner  as  is  required  in  other  cases  of  publication 
of  notices.  [As  amended  by  act  approved  April  ‘25,  1873. 

144.  Continuance  ivlien  notice  not  in  time,']  § *29.  If 
ten  days  shall  not  have  elapsed  between  the  first  publication, 
or  the  putting  up  of  such  notices,  and  the  first  day  of  the  next 
term  of  such  court,  the  hearing  shall  be  continued  until  the 
next  term  of  court. 

145.  Objections— judgment  by  default.]  § 30.  Any  per- 
son interested  in  any  real  estate  to  be  effected  by  such 
assessment  may  appear  and  file  objections  to  such  report, 
and  the  court  may  make  such  order  in  regard  to  the  time 
of  filing  of  such  objections  as  may  be  made  in  cases  at  law 
in  regard  to  the  time  of  filing  pleas. ^ As  to  all  lots,  blocks, 
tracts  and  parcels  of  land  to  the  assessment  of  which  objec- 
tions are  not  filed  within  the  time  ordered  by  the  court, 
default  may  be  entered,  and  the  assessment  confirmed  by 
the  court. 2 

146.  Hearing— jury.]  § 31.  On  the  hearing,  the  report 
of  the  commissioners  shall  be  competent  evidence,  and 
either  party  may  introduce  such  other  evidence  as  may  tend 
to  establish  the  right  of  the  matter.  The  hearing  shall  be 
conducted  as  in  other  cases  at  law,  and  if  it  shall  appear 
that  the  premises  of  the  objector  are  assessed  more  or  less 
than  they  will  be  benefited,  or  more  or  less  than  their  pro- 
portionate share  of  the  cost  of  the  improvement,  the  jury 
shall  so  find,  and  also  find  the  amount  for  which  such 
premises  ought  to  be  assessed,  and  judgment  shall  be  ren- 
dered accordingly. 3 

147.  Precedence.]  § 82.  The  hearing  in  all  cases 
arising  under  this  act  shall  have  precedence  over  all  other 
cases  in  such  court,  except  criminal  cases. 

148.  Court  may  modify,  etc.,  the  assessment.]  § 33.  The 
court  before  which  any  such  proceedings  may  be  pending, 
shall  have  authority,  at  any  time  before  final  adjournment, 
to  modify,  alter,  change,  annul  or  confirm  any  assessment 
returned  as  aforesaid,  or  cause  any  such  assessment  to  be 


1.  The  court  may  take  time  to  consider  and  decide  upon  the  objections. 
Ottawa  vs.  Fisher,  20  111.,  422. 

2.  A party,  after  notice,  who  fails  to  appear,  waives  all  objections.  Ottawa 
vs.  C.  & R.  I.  R.  R.  Co.,  25  III.,  43;  Jeiiks  vs.  Chicago,  48  id.,  290. 

(n)  A special  assessment  cannot  extend  beyond  the  property  described  in 
the  notice.  Owen  vs.  Chicago,  53  111.,  95. 

(/>)  The  assessment  must  conform  to  the  law;  it  is  the  foundation  of  the 
proceedings.  Chicago  vs.  Wright.  32  111.,  192. 

3.  Effect  of  confirmation  of  report  of  commissioners.  People  vs.  Brislin,  80 
111.,  423;  Andrews  vs.  People,  83  id.,  529. 


THE  CITY  OF  SPRINGFIELD. 


67 


recast  by  the  same  commissioners,  whenever  it  shall  be 
necessary  for  the  attainment  of  justice,  or  may  appoint 
other  commissioners  ^n  the  place  of  all  or  any  of  the  com- 
missioners first  appointed,  for  the  purpose  of  making  such 
assessment,  or  modifying,  altering,  changing  or  recasting  the 
same,  and  may  take  all  such  proceedings  and  make  all  such 
orders  as  may  be  necessary  to  make  a true  and  just  assess- 
ment of  the  cost  of  such  improvement  according  to  the 
principle  of  this  act,  and  may,  from  time  to  time,  as  may 
be  necessary,  continue  the  application  for  that  purpose  as 
to  the  whole  or  any  part  of  the  premises. 

149.  Judgment  several — appeal,  etc. — -lien.]  § 34.  The 
judgment  of  the  court  shall  have  the  effect  of  a several 
judgment  as  to  each  tract  or  parcel  of  land  assessed,  and 
any  appeal  from  such  judgment  or  writ  of  error  shall  not 
invalidate  or  delay  the  judgment  except  as  to  the  property 
concerning  which  the  appeal  or  writ  of  error  is  taken.  Such 
judgment  shall  he  a lien  upon  the  property  assessed  from 
the  date  thereof  until  payment  shall  be  made. 

150.  Judgment  cei'tijied  to  city  clerk— filing — warrant.] 
§ 35.  The  clerk  of  the  court  in  which  such  judgment  is 
rendered  shall  certify  the  assessment  roll  and  judgment  to 
the  clerk  of  said  city  or  village,  or  if  there  has  been  an 
appeal  or  writ  of  error  taken  on  any  part  of  such  judgment, 
then  he  shall  certify  such  part  of  the  judgment  as  is  not 
included  in  such  appeal  or  writ  of  error.  The  clerk  of  the 
city  or  village  shall  file  such  certificate  in  his  office,  and 
issue  a warrant  for  the  collection  of  such  assessment. 

151.  Form  of  warrant.]  § 36.  The  warrant  in  all 
cases  of  assessment  under  this  act  shall  contain  a copy  of 
such  certificate  of  the  judgment,  describing  the  lots,  blocks, 
tracts  or  parcels  of  land  assessed,  and  the  respective 
amounts  assessed  on  each  lot,  block,  tract  or  parcel  of  land, 
and  shall  be  delivered  to  the  officer  authorized  to  collect 
such  special  assessments.  Such  warrant  shall  give  sufficient 
authority  to  collect  the  assessments  therein  specified. 

152.  Collector  s notice— form  of.]  § 37.  The  collector 
receiving  such  warrant  shall  immediately  give  notice  thereof 
by  publishing  such  notice  in  one  or  more  newspapers  in  such 
city  or  village,  if  such  newspaper  is  there;  and  if  there  is 
no  such  newspaper,  then  by  posting  four  copies  thereof  in 
public  places  along  the  line  of  the  proposed  improvement. 

Such  notice  may  be  substantially  in  the  following  form : 

Special  assessment  notice— special  wabeant  no.  — . Public  notice  is 
hereby  given  that  the  [here  insert  title  of  court!  has  rendered  judgment  fora 
special  assessment  upon  property  benefited  by  the  following  improvement, 
there  insert  the  character  and  location  of  the  improvement  in  general  terms] 


68 


STATUTES  RELATING  TO 


as  will  more  fully  appear  from  the  certified  copy  of  the  judgment  on  file  in  the 
office  of  the  clerk  of  the  city  (or  village)  of ; that  a warrant  for  the  collec- 

tion of  such  a-sessment  is  in  the  hands  of  the  undersigned.  All  persons  inter- 
ested are  hereby  notified  to  call  and  pay  the  amounts  assessed  at  the  collector’s 
office  [here  insert  location  of  office!  within  30  days  from  the  date  hereof. 

Dated  this day  of A.  D.  18-.  . Collector. 

153.  Manner  of  collecting — entry  of  payment.]  § 38.  It 
shall  be  the  duty  of  the  collector  into  whose  hands  the  war- 
rants shall  so  come,  as  far  as  practicable,  to  call  upon  all 
persons  resident  within  the  corporation  whose  names  appear 
on  the  assessment  roll,  or  the  occupants  of  the  property 
assessed,  and  personally,  or  by  written  or  printed  notice  left 
at  his  or  her  usual  place  of  abode,  inform  them  of  such 
assessment,  and  request  payment  of  the  same.  Any  such 
collector  omitting  so  to  do  shall  be  liable  to  a penalty  of 
$10  for  every  such  omission,  but  the  validity  of  the  special 
assessment,  or  the  right  to  apply  for  and  obtain  judgment 
for  any  such  special  [assessment,]  shall  not  be  affected  by 
such  omission.  It  shall  be  the  duty  of  such  collector  to 
write  the  word  “Paid”  opposite  each  tract  or  lot  on  which 
the  assessment  is  paid,  together  with  the  name  and  post 
office  address  of  the  person  making  the  payment,  and  the 
date  of  payment. 

154.  Report  of  delinquent  list  to  county  collector — evidence 
— defense.]  § 39.  It  shall  be  the  duty  of  'the  collector  of 
special  assessments,  within  such  time  as  the  city  council  or 
board  of  trustees  may  by  ordinance  provide,  to  make  a 
report  in  writing — to  the  general  officer  of  the  county  author- 
ized, or  to  be  designated  by  the  general  revenue  law  of  this 
State,  to  apply  for  judgment  and  sell  lands  for  taxes  due 
the  county  and  State — of  all  the  lands,  town  lots  and  real 
property  on  which  he  shall  have  been  unable  to  collect 
special  assessments,  with  the  amount  of  special  assessments 
due  and  unpaid  thereon,  together  with  his  warrant,  or  with 
a brief  description  of  the  nature  of  the  warrant  or  warrants 
received  by  him  authorizing  the  collection  thereof;  which 
report  shall  be  accompanied  with  the  oath  of  the  collector 
that  the  list  is  a correct  return  and  report  of  the  lands, 
town  lots  and  real  property  on  which  the  special  assessments 

levied  by  authority  of  the  city  of  (or  village  of  , 

as  the  case  may  be),  remain  due  and  unpaid;  that  he  is 
unable  to  collect  the  same  or  any  part  thereof,  and  that  he 
has  given  the  notice  required  by  law,  that  said  warrants  had 
been  received  by  him  for  collection.  Said  report,  when  so 
made,  shall  be  prima  facie  evidence  that  all  the  forms  and 
requirements  of  the  law  in  relation  to  making  said  return 
have  been  complied  with,  and  that  the  special  assessments 
mentioned  in  said  report  are  due  and  unpaid.  And  upon 
the  application  for  judgment  upon  such  assessment  no 
defense  or  objection  shall  be  made  or  heard,  which  might 


THE  CITY  OF  SPRINGFIELD. 


69 


have  been  interposed  in  the  proceeding  for  the  maKing  of 
such  assessment,  or  the  application  for  the  confirmation 
thereof.^ 

155.  Application  for  judgment — what  laws  govern.]  § 40. 
When  said  general  officer  shall  receive  the  report  provided 
for  in  the  preceding  section,  he  shall  proceed  to  obtain  judg- 
ment against  said  lots,  parcels  of  land,  and  property  for  said 
special  assessments  remaining  due  and  unpaid,  at  the  same 
time  and  in  the  same  manner  as  is  or  may  be  by  law  pro- 
vided for  obtaining  judgment  against  lands  for  taxes  due 
and  unpaid  the  county  and  State ; and  shall  in  the  same 
manner  proceed  to  sell  the  same  for  the  said  special  assess- 
ments remaining  due  and  unpaid.  In  obtaining  said  judg- 
ment and  making  said  sale,  the  said  officer  shall  be  governed 
by  the  general  revenue  laws  of  this  State,  except  when  other- 
wise provided  herein.  No  application  for  judgment  against 
lands  for  unpaid  special  assessments  shall  be  made  at  a 
time  different  from  the  annual  application  for  judgment 
against  lands  upon  which  general  taxes  remain  due  and 
unpaid.  The  application  for  judgment  upon  delinquent 
special  assessments,  in  each  year,  shall  include  only  such 
special  assessments  as  shall  have  been  returned  as  delinquent 
to  the  county  collector  on  or  before  the  first  day  of  April, 
in  the  year  in  which  such  application  is  made.  [As  amended 
by  act  approved  June  18,  1883. 

156.  Return  of  sales — redemption.]  § 41.  After  making 
said  sales,  the  list  of  lots,  ptircels  of  land  and  property  sold 
thereat  shall  be  returned  to  the  office  of  the  county  clerk, 
and  redemption  may  be  made  as  provided  for  by  the  general 
revenue  law  of  the  State. 

157.  Penalty  when  lands  are  sold  for  taxes,  etc.]  § 42.  If 
the  collector  shall  receive  any  moneys  for  taxes  or  assess- 
ments, giving  a receipt  therefor  for  any  land  or  parcel  of 
land,  and  afterwards  return  the  same  as  unpaid  to  the  State 
officers  authorized  to  sell  lands  for  taxes,  or  shall  receive 
the  same  after  making  such  return,  and  the  same  be  sold 
for  tax  or  assessment  which  has  been  so  paid  and  receipted 
for  by  himself  or  his  clerks,  he  and  his  bond  shall  be  liable 
to  the  holder  of  the  certificate  given  to  the  purchasers  at 
the  sale,  for  double  the  amount  of  the  face  of  the  certificate, 
to  be  demanded  in  two  years  from  the  date  of  the  sale,  and 
recovered  in  any  court  having  jurisdiction  of  the  account; 
and  the  city  or  village  shall  in  no  case  be  liable  to  the 
holder  of  such  certificate. 

158.  Paying  over — compensation.]  § 43.  The  collector  or 
collectors,  and  the  general  officer  aforesaid,  to  whom  the 


1.  Ottawa  vs.  Maey.  20  111.,  413. 


70 


STATUTES  RELATING  TO 


said  warrant  shall  be  returned,  shall  pay  over  to  the  city  or 
village  treasurer  to  which  it  shall  belong,  all  moneys  col- 
lected by  them,  respectively,  upon  or  by  virtue  of  such 
warrant,  or  upon  any  sale  for  taxes  or  otherwise,  at  such 
time  or  times,  and  in  such  manner  as  shall  be  prescribed 
by  ordinance,  and  shall  be  allowed  such  compensation  for 
their  services  in  the  collection  of  such  assessment  as  the 
ordinances  of  the  city  or  village  may  provide,  except  when 
such  compensation  is  fixed  by  general  law. 

159.  General  revenue  laivs  apply.]  f§  44.  The  general 
revenue  laws  of  this  State,  in  reference  to  proceedings  to 
recover  judgments  for  delinquent  taxes,  the  sale  of  property 
thereon,  the  execution  of  certificates  of  sale  and  deeds  thereon, 
the  force  and  effect  of  such  sales  and  deeds,  and  all  other 
laws  in  relation  to  the  enforcement  and  collection  of  taxes 
and  redemption  from  tax  sales,  except  as  herein  otherwise 
provided,  shall  be  applicable  to  proceedings  to  collect  such 
special  assessment. 

160.  City  or  village  may  huy^  in.]  § 45.  Any  city  or 
village  interested  in  the  collection  of  any  tax  or  special 
assessment,  may  become  a purchaser  at  any  sale  of  real  or 
personal  property  to  enforce  the  collection  of  the  same,  and 
may,  by  ordinance,  authorize  and  make  it  the  duty  of  one 
or  more  city  or  village  officers  to  attend  such  sales,  and  bid 
thereat  in  behalf  of  the  corporation. 

161.  When  assessment  set  aside — new  assessment.]  § 46. 
If  any  assessment  shall  be  annulled  by  the  city  council  or 
board  of  trustees,  or  set  aside  by  any  court,  a new  assess- 
ment may  be  made  and  returned,  and  like  notice  given  and 
proceedings  had,  as  herein  required  in  relation  to  the  first ; 
and  all  parties  in  interest  shall  have  the  like  rights,  and  the 
city  council  or  board  of  trustees  and  court  shall  perform 
like  duties  and  have  like  powers  in  relation  to  any  subse- 
quent assessment,  as  are  hereby  given  in  relation  to  the  first 
assessment. 1 

162.  Supplemental  assessme^its.]  § 47.  If,  in  any  case, 
the  first  assessment  prove  insufficient,  a second  may  be  made 
in  the  same  manner,  as  nearly  as  may  be,  and  so  on,  until 
sufficient  moneys  shall  have  been  realized  to  pay  for  such 
public  improvement.  If  too  large  a sum  shall,  at  any  time, 
be  raised,  the  excess  shall  be  refunded,  ratable,  to  those 
by  whom  it  was  paid. 

163.  New  assessments  against  delinquents  — lien  — limita- 
tion.] § 48.  If,  from  any  cause,  any  city  or  village  shall  fail 


1.  See  Chicago  vs.  Ward,  36  111.,  9;  Lafflin  vs.  Chicago.  48  id.,  449. 


THE  CITY  OF  SPRINGFIELD. 


71 


to  collect  the  whole  or  any  portion  of  any  special  assessment 
wliich  may  be  levied,  which  shall  not  be  canceled  and  set 
aside  by  the  order  of  any  court,  for  any  public  improvement 
authorized  to  be  made  and  paid  for  by  special  assessment, 
the  city  council  or  board  of  trustees  may,  at  any  time  with- 
in five  years  after  the  confirmation  of  the  original  assess- 
ment, diiect  a new  assessment  to  be  made  upon  the  delin- 
quent property  for  the  amount  of  such  deficiency,  and 
interest  thereon  from  the  date  of  such  original  assessment — 
which  assessment  shall  be  made,  as  near  as  may  be,  in  the 
same  manner  as  is  herein  prescribed  for  the  first  assessment. 
In  all  cases  where  partial  payment  shall  have  been  made 
on  such  former  assessment,  they  shall  le  credited  or  allowed 
on  the  new  assessment  to  the  property  for  which  they  were 
made,  so  that  the  assessment  shall  be  equal  and  impartial 
in  its  results.  If  such  new  assessment  prove  ineffectual, 
either  in  whole  or  in  part,  the  city  council  or  board  of  trus- 
tees may,  at  any  time  within  said  period  of  said  five  years, 
order  a third,  and  so  on,  to  be  levied  in  the  same  manner 
and  for  the  same  purpose ; and  it  shall  constitute  no  legal 
objection  to  such  assessment  that  the  property  may  have 
changed  hands  or  been  encumbered  subsequent  to  the  date  of 
the  original  assessment,  it  being  tbe  true  intent  and  meaning 
of  this  section  to  make  the  cost  and  expense  of  all  public  im- 
provements to  be  paid  for  by  a special  assessment,  a charge 
upon  the  property  assessed  therefor,  for  the  full  period  of 
five  years  from  the  confirmation  of  the  original  assessment, 
and  for  such  longer  period  as  may  be  required  to  collect,  in 
due  course  of  law,  any  new  assessment  ordered  within  that 
period. 

164.  Contracts  payable  from  assessments.]  § 49.  All 
persons  taking  any  contracts  with  the  city  or  village,  and 
who  agree  to  be  paid  from  special  assessments,  shall  have 
no  claim  or  lien  upon  the  city  or  village  in  any  event,  except 
from  the  collections  of  the  special  assessments  made  for 
the  work  contracted  for.^ 

165.  Hoiv  contracts  let — approval.]  § 50.  All  contracts 
for  the  making  of  any  public  improvement  to  be  paid  for 
in  whole  or  in  part  by  a special  assessment,  and  any  work 
or  other  public  improvement,  when  the  expense  thereof  shall 
exceed  $500,  shall  be  let  to  the  lowest  responsible  bidder  in 
the  manner  to  be  prescribed  by  ordinance — such  contracts  to 
be  approved  by  the  mayor  or  president  of  the  board  of  trus- 
tees : Provided  however,  any  such  contract  may  be  entered 
into  by  the  proper  officer  without  advertising  for  bids,  and 
without  such  approval,  by  a vote  of  two-thirds  of  all  the 
aldermen  or  trustees  elected. 


1.  Maher  vs.  Chicago.  38  111.,  266;  Chicago  vs.  People,  48  id.  416. 


n 


STATUTES  RELATING  TO 


168.  Lien.]  § 51.  All  special  assessments  levied  by 
any  city  or  village  under  this  act,  shall,  from  the  date  of 
assessment,  be  a lien  upon  the  real  estate  upon  which  the 
same  may  be  imposed,  and  such  lien  shall  continue  until 
such  special  assessments  are  paid.  And  the  same  proceedings 
may  be  resorted  to  by  the  collector,  upon  any  warrant  or 
order  issued  or  made  for  the  collection  of  special  assessments, 
as  in  the  case  of  the  collection  of  State  and  county  taxes 
under  the  general  laws  of  the  State. 

167.  Collection  hy  suit.]  § 52.  At  any  time  after  the 
same  becomes  due,  it  shall  and  may  be  lawful  for  any  col- 
lector thereof  to  commence  suit  in  any  court  of  record,  in 
the  corporate  name  of  such  city  or  village,  against  any  person 
or  persons,  for  the  total  amount  of  special  assessments,  which 
such  person  or  persons  are  liable  for  the  payment  of.  Such 
suit  shall  be  commenced  by  petition,  and  shall  state  the 
several  amounts  of  the  special  assessments  sought  to  be 
recovered,  and  give  a general  description  of  the  warrant  or 
warrants  issued  for  the  collection  thereof ; upon  the  tiling  of 
the  petition,  a summons  shall  be  issued,  served  and  returned 
as  in  other  suits  in  such  court.  Upon  the  return  of  such 
summons  duly  served,  the  court  shall  forthwith  proceed  to 
the  hearing  of  said  petition  without  formal  pleadings,  and 
may  render  judgment  for  all  or  any  part  of  special  assess- 
ments, as  the  right  and  justice  of  the  case  may  require.  The 
original  or  a certitied  copy  (by  the  clerk,  under  the  corporate 
seal),  of  such  warrant  or  warrants,  and  list  or  lists,  or  so 
much  thereof  as  refers  to  the  special  assessments  sought  to 
be  recovered,  shall  be  prima  facie  evidence  of  the  right  of 
said  collector  to  a judgment  in  favor  of  such  corporation. 
Execution  shall  issue  on  such  judgment  as  in  other  cases, 
but  such  execution  may  be  first  levied  upon  and  collected 
from  any  personal  property  of  the  defendant ; or  the  court 
in  which  such  proceedings  were  had  may,  upon  complaint 
of  the  city  or  village,  issue  a scire  facias  against  the  person 
or  persons  liable  for  such  payment,  to  show  cause  why 
execution  should  not  issue  against  him  or  them  for  the 
amount  of  such  assessment ; and  if,  upon  the  return  of  such 
scire  facias^  good  cause  is  not  shown  why  execution  should 
not  issue,  the  court  may  award  execution  against  such  person 
or  persons  in  the  usual  form  of  execution  upon  judgments 
at  law. 

168.  Supplemental  petition  to  assess  benefits  in  condemna- 
tion case.]  § 58.  Wherever  any  city  or  village  shall  apply 
to  any  court  for  the  purpose  of  making  just  compensation 
for  property  taken  or  damaged  by  such  proceedings  as  are 
authorized  by  this  act,  such  city  or  village  may  tile  in  the 
same  proceeding  a supplemental  petition,  praying  the  court 


THE  CITY  OF  SPRINGFIELD 


U 

to  cause  that  an  assessment  be  made  for  the  purpose  of 
raising  the  amount  necessary  to  pay  the  compensation  and 
damages  which  may  be,  or  shall  have  been,  awarded  for  the 
property  taken  or  damaged,  with  the  costs  of  the  proceeding. 
The  said  court  shall  have  power,  at  any  time  after  any  such 
supplemental  petition  shall  have  been  filed,  to  appoint  three 
commissioners  to  make  such  assessment,  and  to  ascertain, 
as  near  as  may  be,  the  costs  incurred  to  the  time  of  such 
appointment,  and  the  probable  further  costs  of  the  proceedings, 
including  therein  the  estimated  costs  of  making  and  collect- 
ing such  assessment,  and  shall  direct  such  costs  to  be  in- 
cluded by  such  commissioners  in  making  said  assessment. 
Like  proceedings  in  making  said  assessment  shall  he  had, 
and  the  assessment  shall  be  made,  collected  and  enforced  in 
the  same  manner,  as  near  as  may  be,  as  is  provided  in  this 
article  in  other  cases.  [As  amended  by  act  approved  and  in 
force  March  30,  1874.  , 

169.  Adoption  of  this  article.]  § 54.  Any  city  or  in- 
corporated town  or  village  may,  if  it  shall  so  determine  by 
ordinance,  adopt  the  provisions  of  this  article  without  adopting 
the  whole  of  this  act;  and  where  it  shall  have  so  adopted 
this  article,  it  shall  have  the  right  to  take  all  proceedings  in 
this  article  provided  for,  and  have  the  benefit  of  all  the  pro- 
visions hereof.  [See  Martin  vs.  People,  87  111.,  £26. 

Article  X. 

MISCELLANEOUS  PROVISIONS — WATER. 

170.  Water — horrotv  money.]  § 1.  The  city  council,  or 
board  of  trustees,  shall  have  the  power  to  provide  for  a supply 
of  water  by  the  boring  and  sinking  of  artesian  wells,  or  by 
the  construction  and  regulation  of  wells,  pumps,  cisterns, 
reservoirs  or  water- works,  and  to  borrow  money  therefor,  and 
to  authorize  any  person  or  private  corporation  to  construct 
or  maintain  the  same  at  such  rates  as  may  be  fixed  by 
ordinance,  and  for  a period  not  exceeding  thirty  years ; to 
prevent  the  pollution  of  the  water,  and  injuries  to  such  wells, 
pumps,  cisterns,  reservoirs  or  water-works. 

171.  Acquiring  property  for  icater -works— jurisdiction  over.] 
§2.  For  the  purpose  of  establishing  or  supplying  water- 
works, any  city  or  village  may  go  beyond  its  territorial  limits, 
and  may  take,  hold  and  acquire  property  by  purchase  or 
otherwise ; shall  have  power  to  take  and  condemn  all  neces- 
sary lands  or  property  therefor,  in  the  manner  provided  for 
taking  or  injuring  private  property  for  public  uses;  and  the 
jurisdiction  of  the  city  or  village  to  prevent  or  punish  any 
pollution  or  injury  to  the  stream  or  source  of  water,  or  to 
such  water- works,  shall  extend  five  miles  beyond  its  corporate 
limits,  or  so  far  as  such  water- works  may  extend. 


74 


STATUTES  RELATING  TO 


172.  Itegulations — rates,  taxation,  etc.~[  § 3.  The  city 
council  or  board  of  trustees  shall  have  power  to  make  all 
needful  rules  and  regulations  concerning  the  use  of  water 
supplied  by  the  water-works  of  said  city  or  village,  and  to 
do  all  acts  and  make  such  rules  and  regulations  for  the 
construction,  completion,  management  or  control  of  the  water- 
works, and  for  the  levying  and  collecting  of  any  water  taxes, 
rates  or  assessments,  as  the  said  city  council  or  board  of 
trustees  may  deem  necessary  and  expedient ; and  such  water 
taxes,  rents,  rates  or  assessments  may  be  levied  or  assessed 
upon  any  lot  or  parcel  of  ground,  having  a building  or 
buildings  thereon,  which  shall  abut  or  join  any  street,  avenue 
or  alley  in  such  city  or  village  through  which  the  distribut- 
ing pipes  of  such  water- works  (if  any)  of  said  city  or  village 
are  or  may  be  laid,  which  can  be  conveniently  supplied  with 
water  from  said  pipes : Provided,  [whether]  the  water  shall 
be  used  on  such  lot  or  parcel  of  ground  or  not ; and  the 
same,  when  so  levied  or  assessed,  shall  become  a continu- 
ing lien  or  charge  upon  such  lot  or  parcel  of  ground,  build- 
ing or  buildings  situated  thereon,  and  such  lien  or  charge 
may  be  collected  or  enforced  in  such  manner  as  the  city 
council  may,  by  ordinance,  prescribe.  -And  the  corporate 
authorities  may  levy  a general  tax  for  the  construction  and 
maintenance  of  such  water-works,  and  appropriate  money 
therefor. 

173.  Taxpayer  may  enforce  rights  in  name  of  city,  etc.] 
§ 4.  A suit  may  be  brought  by  any  taxpayer,  in  the  name 
and  for  the  benefit  of  the  city  or  village,  against  any  per- 
son or  corporation,  to  recover  any  money  or  property  belong- 
ing to  the  city  or  village,  or  for  any  money  which  may  have 
been  paid,  expended,  or  released  without  authority  of  law: 
Provided,  that  such  taxpayer  shall  file  a bond  for  all  costs, 
and  be  liable  for  all  costs  in  case  the  city  or  village  be  cast 
in  the  suit,  and  judgment  shall  be  rendered  accordingly. 

174.  Maps — approval  of.]  § 5.  The  city  council  or 
board  of  trustees  shall  have  power  to  provide,  by  ordinance, 
that  any  map,  plat,  or  subdivision  of  any  block,  lot,  sub- 
lot, or  part  thereof,  or  of  any  piece  or  parcel  of  land,  shall 
be  submitted  to  the  city  council  or  board  of  trustees,  or  to 
some  officer  to  be  designated  by  such  council  or  board  of 
trustees,  for  their  approval ; and  in  such  cases  no  such  map, 
plat  or  subdivision  shall  be  entitled  to  record  in  the  proper 
county,  or  have  any  validity,  until  it  shall  have  been  so  ap- 
proved. [See  “Eecorders,”  ch.  115,  § 13,  E.  S. 

175.  Inhabitants  competent  as  jarors,  etc.]  § 6.  No 
person  shall  be  an  incompetent  judge,  justice  or  juror  by 
reason  of  his  being  an  inhabitant  or  freeholder  in  said  city 


THE  CITY  OF  SPRINGFIELD.' 


75 


or  village,  in  any  action  or  proceeding  in  which  said  city  or 
village  may  be  a party  in  interest. 

176.  Population — census.']  § 7.  Whenever  in  this  act  any 
provision  thereof  is  based  upon  the  number  of  inhabitants, 
[the  number  of  inhabitants]  of  the  city  or  village  shall  be 
determined  by  reference  to  the  latest  census  taken  by  author- 
ity of  the  United  States  or  this  State,  or  of  such  city  or 
village ; and  it  shall  be  the  duty  of  the  Secretary  of  State, 
upon  the  publication  of  any  State  or  United  States  census, 
to  certify  to  each  city  or  village  the  number  of  inhabitants, 
as  shown  by  such  census.  Any  city  or  village  may,  by  or- 
dinance, provide  for  the  taking  of  a census  of  the  popula- 
tion thereof,  in  order  to  determine  the  number  of  such 
population  for  any  and  all  purposes  of  this  act.  And  the 
several  courts  in  this  State  shall  take  judicial  notice  of  the 
population  of  any  city  or  village,  as  the  same  may  appear 
from  the  latest  federal.  State,  city  or  village  census  so  taken. 
[See  ante,  clause  eighty-fifth  of  § 1 of  Art.  5 of  this  act. 

177.  Municipal  year.]  § 8.  The  term  “municipal 
year”  shall  be  construed  to  mean  the  period  elapsing  between 
the  regular  annual  elections,  unless  otherwise  provided  by 
ordinance. 

178.  City  or  village  need  not  give  appeal  hond.]  § 9. 
When  in  any  suit  the  city  or  village  prays  an  appeal  from 
the  judgment  of  any  court  of  this  State  to  a higher  cpurt, 
it  shall  not  be  required  to  furnish  an  appeal  bond. 


Article  XL 

OF  THE  ORGANIZATION  OF  VILLAGES. 

179.  By  incorporated  towns.]  § 1.  Any  town  in  this 
State,  incorporated  either  under  any  general  law  for  the  in- 
corporation of  towns,  and  acts  amendatory  thereof,  or  under 
any  special  act  for  the  incorporation  of  any  town  or  village, 
may  become  organized  as  a village,  under  this  act,  in  the 
manner  following : Whenever  any  thirty  voters  in  such  town 
shall  petition  the  president  and  trustees  thereof  to  submit 
the  question  whether  such  town  will  become  organized  as  a 
village,  under  this  act,  to  the  decision  of  the  legal  voters 
thereof,  it  shall  be  the  duty  of  such  president  and  trustees 
to  submit  the  same  accordingly,  and  to  fix  a time  and  place 
within  such  town  for  holding  such  election;  and  to  appoint 
the  judges  to  hold  such  election;  and  to  give  notice  of  the 
time,  place  and  purpose  of  such  election  by  causing  at  least 
five  notices  thereof  to  be  posted  in  public  places  in  such 
town,  for  at  least  fifteen  days  prior  to  holding  such  election. 


76 


STATUTES  RELATING  TO 


180.  Ballot.']  § 2.  Each  qualified  voter,  resident  within 
such  town  or  proposed  village,  shall  have  the  right  to  cast 
a ballot  at  such  election,  with  the  words  thereon,  “For  vil- 
lage organization  under  the  general  law,”  or,  “Against  village 
organization  under  the  general  law.” 

181.  Returns — canvass — record.]  § 3.  The  judges  of 
such  election  shall  make  returns  thereof  to  the  president 
and  trustees  of  the  town,  as  soon  as  practicable  after  such 
election  is  held ; and  it  shall  be  the  duty  of  the  president 
and  trustees  to  canvass  such  returns,  and  cause  a statement 
of  the  result  of  such  election  to  be  entered  upon  the  records 
of  the  town. 

182.  Reswlt — old  officers  continue  until,  etc.]  § 4.  If  a 
majority  of  the  votes  cast  at  such  election  are  for  village 
organization  under  the  general  law,  such  town  shall,  from 
thenceforth,  be  deemed  to  be  duly  incorporated  as  a village 
under  this  act;  but  the  town  officers  then  in  office  shall 
continue  as  like  officers  of  such  village  until  their  successors 
shall  be  elected  or  appointed  under  the  provisions  of  this 
act. 

183.  Neiv  organization — how  effected.]  § 5.  Whenever 
any  area  of  contiguous  territory,  not  exceeding  two  square 
miles,  shall  have  resident  thereon  a population  of  at  least 
three  hundred  inhabitants,  and  which  territory  is  not  in- 
cluded within  the  limits  of  any  incorporated  town,  village 
or  city,  the  same  may  become  incorporated  as  a village, 
under  this  act,  in  the  manner  following : Any  thirty  legal 
voters,  resident  within  the  limits  of  such  proposed  village, 
may  petition  the  county  judge  of  the  county  in  which  they 
reside,  to  cause  the  question  to  be  submitted  to  the  legal 
voters  of  such  proposed  village,  whether  they  will  organize 
as  a village  under  this  act.  And  if  the  territory  described 
in  said  petition  shall  be  situated  in  more  than  one  county, 
then  the  petition  shall  be  addressed  to  the  judge  of  the 
county  court  of  the  county  where  a greater  part  of  such 
territory  is  situated.  Such  petition  shall  be  addressed  to 
the  county  judge,  contain  a definite  description  of  the  lands 
intended  to  be  embraced  in  such  village,  the  number  of  in- 
habitants resident  therein,  and  the  name  of  such  proposed 
village. 

184.  Petition — election — returns.]  § 6.  Upon  the  filing 
such  petition  in  the  office  of  the  county  clerk,,  it  shall  be  the 
duty  of  such  judge  to  perform  the  same  duties  in  reference 
to  fixing  the  time  and  place  of  such  election,  giving  notice 
and  appointing  judges  thereof,  as  is  above  required  to  be 
performed  by  the  president  and  trustees  in  towns  already 
incorporated.  The  returns  of  such  election  shall  be  made  to 


THE  CITY  OF  SPKINGFIELD. 


77 


the  county  judge,  who  shall  call  to  his  assistance  any  two 
justices  of  the  peace,  and  canvass  such  returns,  and  cause 
a statement  of  the  result  of  such  election  to  be  entered  upon 
the  records  of  the  county  court.  The  second  section  of  this 
article  shall  be  applicable  to  such  election. 

185.  Result — election  of  officers,  etc.]  § 7.  If  a majority 
of  the  votes  cast  at  such  election  is  for  village  organization 
under  the  general  law,  such  proposed  village,  with  the 
boundaries  and  name  mentioned  in  the  petition,  shall,  from 
thenceforth,  be  deemed  an  organized  village  under  this  act, 
and  the  county  judge  shall,  thereupon,  call  and  fix  the  time 
and  place  of  an  election  to  elect  village  officers,  and  cause 
notice  thereof  to  be  posted  or  published,  and  perform  all 
other  acts  in  reference  to  such  election  in  like  manner,  as 
nearly  as  may  be,  as  he  is  required  to  perform  in  reference 
to  the  election  of  officers  in  newly  organized  cities.  But  the 
term  of  office  of  trustees  elected  at  such  election  shall  termi- 
nate as  soon  as  their  successors  are  elected  and  qualified, 
at  the  regular  annual  election. 

188.  Trustees — corporate  name— powers.]  § 8.  In  each 
village  organized  under  this  act,  there  shall  be  elected  by 
the  qualified  electors  therein  six  trustees,  who  shall  hold 
their  offices  until  their  successors  are  elected  and  qualified. 
At  the  first  election  held  thereafter  there  shall  be  elected 
the  full  number  of  trustees.  At  the  first  meeting  of  the  board 
of  trustees  held  after  said  first  election,  the  trustees  elected 
shall  be  divided  by  lot  into  two  classes:  those  of  the  first 
class  shall  continue  in  office  for  one  year,  and  those  of  the 
second  for  two  years,  from  the  date  of  the  annual  election 
for  that  municipal  year,  and  annually  thereafter  there  shall 
be  elected  three  trustees,  who  shall  hold  their  office  for  the 
term  of  two  years,  and  until  their  successors  are  elected 
and  qualified.  The  trustees  shall  choose  one  of  their  own 
number  president ; and  such  village  shall,  from  the  time  of 
the  first  election  held  by  it  under  said  act,  be  considered,  in 
law  and  equity,  a body  corporate  and  politic,  by  the  name 

and  style  of  “The  village  of ,”  and  by  such  name 

and  style  may  sue  and  be  sued,  contract  and  be  contracted 
with,  acquire  and  hold  real  and  personal  property  necessary 
for  corporate  purposes,  adopt  a common  seal  and  alter  the 
same  at  pleasure,  and  possess  all  other  powers  as  a corpor- 
ation in  this  act  conferred  upon  cities  not  exceeding  five 
thousand  inhabitants,  except  as  herein  otherwise  expressly 
provided.  And  wherever  the  words  “city  council”  or  “mayor” 
occur  in  this  act,  the  same  shall  be  held  to  apply  to  the 
trustees  and  president  of  such  village,  as  far  as  the  same 
may  be  applicable.  [As  amended  by  act  approved  May  28, 
1879. 


78 


STATUTES  RELATING  TO 


187.  Powers  and  duties  of  president  and  trustees.]  § 9. 
The  president  of  the  board  of  trustees  shall  perform  the 
duties  and  exercise  the  powers  conferred  upon  the  mayor  of 
a city  not  . exceeding  five  thousand  inhabitants,  and  shall 
have  the  right  to  vote  as  a trustee  at  any  meeting  of  the 
trustees;  but  when  he  shall  have  so  voted,  shall  not  have 
the  right  to  give  the  casting  vote ; and  the  trustees  shall 
perform  the  duties  and  exercise  all  the  powers  conferred 
upon  aldermen  in  cities ; and  the  president  and  board  of 
trustees  may  exercise  the  same  powers  conferred  upon  the 
mayor  and  city  council  of  cities  of  not  exceeding  five  thou- 
sand inhabitants,  and  pass  ordinances  in  like  manner.  The 
president  of  the  board  of  trustees  may  exercise  the  veto 
powers,  and  with  like  effect  as  the  mayor  of  a city ; and  the 
board  of  trustees  may  pass  ordinances  over  such  veto,  in 
like  manner  as  a city  council. 

188.  Style  of  ordinances.]  § 10.  The  style  of  ordi- 
nances passed  in  villages  shall  be  as  follows : ‘.‘Be  it  or- 

dained by  the  President  and  Board  of  Trustees  of  the  village 
Qf (as  the  case  may  be). 

189.  Appointment  of  officers — prescribe  duties  and  fees.] 
§ 11.  The  president  and  board  of  trustees  may  appoint  a 
clerk  pro  tempore,  and  whenever  necessary  to,  fill  vacancies ; 
and  may  also  appoint  a treasurer,  one  or  more  street  com- 
missioners, a village  constable,  and  such  other  officers  as 
may  be  necessary  to  carry  into  effect  the  powers  conferred 
upon  villages,  to  prescribe  their  duties  and  fees,  and  require 
such-  officers  to  execute  bonds  as  may  be  prescribed  by  ordi- 
nance. 

190.  Powers  of  constables.]  § 12.  The  village  constable 
shall  have  the  same  powers  to  make  arrests,  execute  pro- 
cess, and  perform  other  official  acts  as  other  constables 
under  the  general  laws  of  the  State,  together  with  such  other 
powers  as  may  be  conferred  on  him  by  ordinance. 

191.  Annual  elections.]  § 13.  An  annual  election  for 
three  trustees  and  a clerk  of  villages  shall  be  held  on  the 
third  Tuesday  of  April  in  each  year:  Provided,  that  in 
villages,  the  territorial  limits  of  which  coincide  with  the 
territorial  limits  of  any  township,  an  election  for  trustees 
and  a clerk  of  villages  shall  be  held  at  the  same  time  and 
at  the  same  polling  places  as  the  annual  township  election, 
to-wit : on  the  first  Tuesday  of  April  in  each  year.  Special 
elections  may  be  held  under  such  regulations  as  may  be 
provided  by  ordinance,  to  fill  vacancies  and  for  other  pur- 
poses. [As  amended  by  act  approved  and  in  force  March 
11,  1881. 


THE  CITY  OF  SPRINGFIELD. 


79 


192.  Suits — jurisdiction — fences,  etc.]  § 14.  Suits  and 
prosecutions  for  the  violation  of  any  village  ordinance  may 

be  prosecuted  in  the  name  of  “The  village  of and 

justices  of  the  peace  and  police  magistrates  shall  have  juris- 
diction over  such  suits ; and  all  fines  and  moneys  so  collected 
shall  be  paid  into  the  village  treasury. 

193.  Police  magistrates.]  § 15.  There  may  be  a police 

magistrate  elected  at  a regular  annual  election  in  each  vil- 
lage, who  shall  give  bonds,  qualify,  and  have  the  same 
jurisdiction  as  other  justices  of  the  peace,  and  hold  his  office 
for  four  years,  and  until  his  successor  is  elected  and  quali- 
fied. ^ 

194.  No  incorporation  allowed  under  former  laws.]  § 16. 
After  the  taking  effect  of  this  act,  no  town  or  city  shall  be- 
come incorporated  under  any  other  general  law  then  in  force 
for  the  incorporation  of  towns  or  cities. 

195.  Changing  from  city  to  village.]  § 17.  That  it  shall  be 
the  duty  of  the  mayor  and  common  council  of  any  city, 
upon  petition  of  one-fourth  of  the  legal  voters  thereof,  and 
upon  ten  days’  previous  notice  of  such  application  by  the 
city  clerk,  published  in  some  newspaper  printed  in  said  city, 
or  by  posting  such  notices  in  five  of  the  most  public  places 
within  said  city,  for  said  period,  in  case  no  such  newspaper 
is  printed  in  said  city,  to  fix  the  time  and  call  an  election 
to  decide  whether  said  city  shall  be  organized  into  a village. 
The  said  election  shall  be  governed  by  the  provisions  of 
sections  fifty  (50),  fifty-six  (56)  and  fifty-seven  (67)  of  said 
act,  and  the  legal  voters  at  said  election  shall  vote  for  or 
against  the  organization  of  said  city  into  a village,  and  the 
tickets  shall  be  written  or  printed  “For  village  organization,” 
or  “Against  village  organization;”  and  if  there  shall  be  a 
majority  of  the  votes  cast  at  said  election  in  favor  of  the 
organization  of  said  city  into  a village,  then  said  city  shall 
be  a village  within  the  meaning- of  said  act  under  its  former 
name  so  changed,  and  shall  succeed  to  all  the  rights  and 
be  liable  for  all  the  debts  and  legal  liabilities  of  said  city; 
and  the  mayor  of  said  city  shall,  within  ten  days  after  said 
election,  give  notice  of  the  time  and  place  of  the  election  of 
trustees,  as  near  as  may  be,  as  provided  for  under  sections 
one  hundred  and  eighty-four  (181)  and  one  hundred  and 
eighty-five  (185)  of  said  act,  who  shall  hold  their  offices 
until  the  next  regular  election:  Provided,  that  after  one 
election  shall  have  taken  place,  no  other  election  for  a like 
purpose  until  one  year  shall  have  elapsed.  [This  section 
:i(lded  to  the  foregoing  act  by  amendment  approved  May  29, 
1879.] 


80 


STATUTES  RELATING  TO 


MISCELLANEOUS  STATUTES 

AFFECTING 

THE  GOVERNMENT  OF  CITIES. 


Actions  to  Recover  Fines  and  Penalties — How  Brought; 
Punishment  for  Violating  Ordinances. 


AN  ACT  entitled  “An  act  in  regard  to  suits  by  incorporated  cities  and  villages, 
and  to  enforce  penalties  and  recover  fines  for  violating  the  ordinances 
thereof.  [Approved  May  31, 1879.  In  force  July  1. 1879.] 

196.  Suits — how  brought,  etc.']  § 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly,  That  all  actions  to  recover  any  fine,  or  to  enforce 
any  penalty,  under  any  ordinance  of  any  city  or  village  in 
this  State,  shall  be  brought  in  the  corporate  name  of  the 
city  or  village,  as  plaintiff,  and  no  prosecution,  recovery  or 
acquittal  for  the  violation  of  any  such  ordinance  shall  con- 
stitute a defense  to  any  other  prosecution  of  the  same  party, 
for  any  other  violation  of  any  such  ordinance,  although  the 
different  causes  of  action  existed  at  the  same  time,  and,  if 
united,  would  not  have  exceeded  the  jurisdiction  of  the  court 
or  magistrate. 

AN  ACT  to  provide  for  the  punishment  of  persons  violating  any  of  the  ordi- 
nances of  the  several  cities  and  villages  in  this  State.  [Approved  and  in 
force  April  12,  1879.] 

197.  Arrest  — imprisonment — ivorkhouse.]  § 1.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  in  all  actions  for  the  violation 
of  any  ordinance  of  any  city  or  village  organized  under  any 
general  or  special  law  of  this  State,  the  first  process  shall 
be  a summons : Provided,  however,  that  a warrant  for  the 
arrest  of  the  offender  may  issue  in  the  first  instance,  upon 
the  affidavit  of  any  person  that  any  such  ordinance  has 


81 


THE  CITY  OF  SPRINGFIELD. 

been  violated,  and  that  the  person  making  the  complaint 
has  reasonable  grounds  to  believe  the  party  charged  is  guilty 
thereof;  and  any  person  arrested  upon  such  warrant,  shall, 
without  unnecessary  delay,  be  taken  before  the  proper  officer, 
to  be  tried  for  the  alleged  offense.  Any  person  upon  whom 
any  fine  or  penalty  shall  be  imposed,  may,  upon  the  order 
of  the  court  or  magistrate  before  whom  the  conviction  is 
had,  be  committed  to  the  county  jail  or  the  calaboose,  city 
prison,  work-house,  house  of  correction,  or  other  place  pro- 
vided by  such  cities  or  villages,  by  ordinance,  for  the  incar- 
ceration of  offenders  until  such  fine,  penalty  and  cost  be 
fully  paid : Provided,  that  no  such  imprisonment  shall  exceed 
six  months  for  any  one  offense.  The  city  council  or  board 
of  trustees  of  any  such  cities  or  villages  shall  have  power 
to  provide  by  ordinance  that  every  person  so  committed 
shall  be  required  to  work  at  such  labor  as  his  or  her 
strength  will  permit,  within  and  without  such  prison,  work- 
house,  house  of  correction  or  other  place  provided  for  the 
incarceration  of  such  offenders,  not  to  exceed  ten  hours  each 
working  day;  and  for  such  work  the  person  so  employed,  or 
worked,  shall  be  allowed,  exclusive  of  his  or  her  board,  the 
sum  of  fifty  cents  for  each  day’s  work  on  account  of  such 
fine  and  costs. 

198.  Repeal.']  § 2.  All  acts  and  parts  of  acts  incon- 
sistent with  the  foregoing  section  are  hereby  repealed. 

199.  Emergency.]  § 3.  Whereas,  in  some  of  the  cities 
and  villages  in  this  State,  there  is  no  authority  for  the 
imprisonment  of  offenders  in  work-houses  or  houses  of  cor- 
rection, and  requiring  such  offenders  to  work,  therefore,  an 
emergency  is  declared  to  exist,  and  this  act  shall  be  in  force 
from  and  after  its  passage. 


Annexing  and  Excluding  Territory. 


AN  ACT  to  provide  for  annexing  and  excluding  territory  to  and  from  cities, 
towns  and  villages,  and  to  unite  cities,  towns  and  villages.  [Approved 
April  10, 1872.  In  force  July  1, 1872.1 

200.  Petition  to  he  annexed — annexing.]  § 1.  Beit  enacted 
hy  the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly,  That  on  petition,  in  writing,  signed  by  not  less 
than  three-fourths  of  the  legal  voters,  and  by  the  owners  of 
not  less  than  three-fourths  (in  value)  of  the  property  in  any 
territory  contiguous  to  any  city  or  incorporated  village  or 
town,  and  not  embraced  within  its  limits,  the  city  council  or 
board  of  trustees  of  said  city,  village  or  town  (as  the  case 
—6 


82 


STATUTES  RELATING  TO 


may  be)  may,  by  ordinance,  annex  such  territory  to  such 
city,  village  or  town,  upon  tiling  a copy  of  such  ordinance, 
with  an  accurate  map  of  the  territory  annexed  (duly  certi- 
fied by  the  mayor  of  the  city  or  president  of  the  board  of 
trustees  of  the  tillage  or  town),  in  the  office  of  the  recorder 
of  deeds  in  the  county  where  the  annexed  territory  is  situated, 
and  have  the  same  recorded  therein:  Provided,  that  no 
portion,  less  than  the  whole  of  an  incorporated  city,  town  or 
village,  shall  be  annexed  to  another  incorporated  city,  town 
or  village,  except  in  the -mode  provided  in  this  act  for  the 
annexation  of  the  whole  of  an  incorporated  city,  town  or 
village,  to  another  city,  town  or  village. 

201.  Annexing  one  corporation  to  another.']  § 2.  x\ny 
incorporated  city,  village  or  town  may  be  annexed  to  another 
incorporated  city,  village  or  town,  by  ordinance  passed  by  a 
two-thirds  vote  of  all  the  aldermen  or  trustees  elect  of  each 
corporation  desiring  annexation : Provided,  such  annexation 
shall  not  affect  or  impair  any  rights  or  liabilities  either  in 
favor  of  or  against  such  corporations ; and  suits  founded 
upon  such  rights  and  liabilities  may  be  commenced,  and 
pending  suits  may  be  prosecuted  and  carried  to  final  judg- 
ments and  execution,  the  same  as  if  such  annexation  had 
not  taken  place.  In  making  such  annexation,  the  corpora- 
tions so  uniting  may,  by  ordinance,  fix  the  terms  of  the 
annexation,  which  shall  have  the  force  and  effect  of  a bind- 
ing contract : Provided,  however,  that  no  such  ordinance 
shall  be  of  any  binding  force  or  effect  until  submitted  to  a 
vote  of  the  legal  voters  of  such  city,  town  or  village,  at  a 
general  election  thereof,  and  adopted  by  a majority  of  all 
the  voters  voting  thereon  at  such  election,  notice  of  which 
shall  be  given  at  the  same  time  and  in  the  same  manner 
as  required  for  the  election  of  the  officers  of  such  city,  town 
or  village:  And,  provided,  also,  that  the  vote  shall  be  by 
ballot,  which  shall  be  “For  union  ordinance,”  or,  “Against 
union  ordinance,”  and  shall  be  received,  canvassed  and 
returned  the  same  as  ballots  for  municipal  officers  of  such 
city,  town  or  village. 

202.  Proceedings  by  corporation  to  annex  territory.]  § 3. 
When  any  incorporated  city,  village  or  town  shall  desire  to 
annex  any  contiguous  territory  thereto,  and  the  same  shall 
not  have  been  petitioned  for  as  provided  in  section  one  of 
this  article,  it  shall  be  lawful  for  the  city  council  or  board 
of  trustees  of  such  city,  village  or  town,  by  a two-thirds  vote 
of  all  the  aldermen  or  trustees  elect,  by  ordinance  or  reso- 
lution, to  authorize  the  mayor  of  such  city  or  the  president 
of  the  board  of  trustees  of  such  village  or  town,  to  petition 
the  circuit  court  of  the  county  in  which  the  territory  desired 
to  be  annexed  or  a major  part  thereof  is  situated,  praying 


THE  CITY  OF  SPKINGFIELD. 


83 


such  annexation  to  be  made.  The  petition  shall  contain  a 
copy  of  such  ordinance  or  resolution,  and  an  accurate  map 
of  the  territory  which  it  is  desired  to  annex,  showing  all 
such  subdivisions  that  shall  have  been  made  therein.  Such 
petition  shall  be  filed  with  the  clerk  of  the  court  at  least 
ten  days  before  the  first  day  of  the  term  at  which  it  is  pro- 
posed to  be  heard:  Provided,  that  nothing  in  this  section 
contained  shall  authorize  said  petition  to  be  filed  unless  the 
territory  so  sought  to  be  annexed  (except  territory  intervening 
between  a city  and  town,  or  two  or  more  cities  or  towns, 
desiring  to  become  united  under  this  act),  shall  contain  an 
actual  resident  population  of  at  least  one’'  hundred  and  fifteen 
inhabitants  to  each  section  or  fractional  part  of  a section  so 
sought  to  be  annexed— which  said  fact  shall  be  alleged  in 
said  petition,  and  proved  on  the  hearing  thereof,  the  same 
as  any  other  allegation  in  said  petition. 

203.  Notice  of  ^proceedings.']  § 4.  When  it  shall  be  deter- 
mined to  present  such  petition,  the  mayor  or  president  of 
the  board  of  trustees  (as  the  case  may  be)  shall  cause  notice 
of  the  time  and  place  where  and  when  the  petition  will  be 
or  has  been  filed,  and  at  what  term  of  court  the  hearing 
thereof  will  be  had,  and  setting  forth  the  boundaries  or  a 
general  description  of  the  territory  proposed  to  be  annexed — 
to  be  given  by  publication  at  least  once  in  each  week,  for 

^ two  successive  weeks,  in  some  newspaper  published  in  the 

* county  where  the  petition  is  filed  or  to  be  filed  (or,  if  no 
newspaper  is  published  in  such  county,  then  in  the  nearest 
newspaper  published  in  this  State),  and  by  posting  up  notices 
at  least  fourteen  days  before  such  time  of  hearing,  in  at 
least  three  of  the  most  public  places  in  the  territory  proposed 
to  be  annexed,  and  a like  number  in  the  city,  village  or 
town  to  which  it  is  desired  to  annex  such  territory. 

204.  Objections  to  annexation — trial.]  § 5.  The  legal 
voters  resident  upon  the  territory  thus  proposed  to  be  an- 
nexed, or  any  of  them,  or  any  owner  of  land  therein,  or  any 
voter  of  such  city,  village  or  town,  may  appear  at  such 
hearing  and  show  cause  why  such  annexation  should  not  be 
made;  and  the  court,  or  a jury  impanneled  for  that  purpose 
(no  member  of  the  jury  so  impanneled  shall  be  a resident 
of  the  corporation  or  territory  to  be  annexed,  nor  of  the 
town  nor  towns  in  which  said  corporation  or  territory  may 
be  situated),  shall  hear  all  competent  evidence  that  may  be 
offered  by  either  party;  and  the  court  may  continue  the 
hearing  from  time  to  time,  for  any  cause,  and  may  make 
all  proper  orders  in  regard  to  the  hearing,  giving  of  notices, 
and  other  disposition  of  the  case. 


84 


STATUTES  RELATING  TO 


205.  Finding— costs,  etc.']  § 6.  If,  upon  the  hearing,  the 

court  or  the  jury  shall  find  that  such  territory  ought  to  be 
annexed  to  such  city,  village  or  town,  and  can  be  so  done 
without  injustice  to  the  inhabitants  or  persons  interested, 
the  court  shall  so  order.  If  the  court  shall  find  against  the 
petitioners,  the  petition  shall  be  dismissed  at  the  cost  of  the 
petitioners  ; and  no  subsequent  petition  shall  be  presented  for 
the^  annexation  of  any  of  the  territory  embraced  in  such 
petition,  within  one  year  from  the  time  of  entering  such 
order : Provided,  that  new  trials  may  be  granted  as  in  other 
jury  cases.  ^ 

206.  Proceedings  hy  owner  to  he  annexed.]  § 7.  When 
not  less  than  a majority  in  number  of  the  legal  voters  or  the 
owner  or  owners  of  any  tract  of  land,  contiguous  to  any 
incorporated  city,  village  or  town,  shall,  by  petition,  in 
writing,  signed  by  them,  and  filed  in  the  circuit  court  of  the 
county  where  such  territory  or  a major  part  thereof  is  situ- 
ated, pray  to  be  annexed  to  such  city,  village  or  town,  the 
like  proceedings  may  be  had  thereon,  and  with  the  like  effect, 
as  in  case  of  a petition  by  a city,  village  or  town : Provided, 
a copy  of  the  notice  required  to  be  given  shall  be  left  with 
the  mayor  of  such  city,  or  president  of  such  village  or  town, 
at  least  ten  days  before  such  petition  is  heard. 

207.  Proceedings  to  disconnect.]  § 8.  Whenever  a ma- 
jority of  the  legal  voters  of  any  territory  within  any  city, 
town  or  village,  and  being  upon  the  border  and  within  the 
boundary  thereof,  shall  petition  the  circuit  court  of  the  county 
in  which  such  city,  town  or  village  is  situated,  praying  to 
be  disconnected  therefrom,  such  petition  shall  be  filed  with 
the  clerk  of  the  court  at  least  ten  days  before  the  first  day 
of  the  term  at  which  it  is  proposed  to  be  heard,  and  like 
proceedings  shall  be  had  as  is  required  by  section  four,  five 
and  six  of  the  act  for  the  annexation  of  territory  to  such 
city,  town  or  village : Provided,  that  the  provisions  of  this 
section  shall  only  apply  to  lands  not  laid  out  into  city  or 
town  lots  or  blocks. 

208.  Map  and  ordinance  to  he  recorded.]  § 9.  When  any 
territory  is  annexed  to  any  city,  village  or  town,  as  provided 
in  this  act,  it  shall  be  the  duty  of  the  mayor  of  such  city, 
or  the  president  of  the  board  of  trustees  of  the  village  or 
town  (as  the  case  may  be,)  to  cause  an  accurate  map  of 
such  added  territory,  together  with  the  ordinance  for  the 
annexation,  certified  by  such  mayor,  and  if  a decree  or  order 
of  the  court  has  been  made  therefor,  a copy  of  the  same, 
to  be  filed  for  record,  and  recorded  in  the  recorder’s  office 
for  the  county  in  which  such  added  territory  is  situated.  If 


THE  CITY  OF  SPRINGFIELD. 


85 


territory  is  disconnected  or  excluded  from  any  city,  village 
or  town,  a copy  of  the  ordinance  or  decree  therefor  shall  be 
so  filed  for  record  and  recorded. 

209.  School  districts.]  § 10.  All  school  districts,  and 
other  corporations  incorporated  for  school  purposes,  under 
special  acts  of  the  legislature,  desiring  to  annex  or  dis-annex 
territory,  may  proceed  under  the  provisions  of  this  act. 

210.  Judicial  notice.]  § 11.  All  courts  in  this  State 
shall  take  judicial  notice  of  cities,  towns  and  villages,  and 
of  the  changes  of  their  territory,  made  under  the  provisions 
of  this  act.^ 


AN  ACT  in  relation  to  the  disconnection  of  territory  from  cities  and  villages. 

[Approved  and  in  force  May  1879.1 

211.  Disconnecting  of  territory.]  § 1.  Be  it  enacted  hy 
the  People  of  the  State  of  Illinois^  represented  in  the  General 
Assembly,  That  whenever  the  owners  representing  a majority 
of  the  area  of  land  of  any  territory  within  any  city  or  vil- 
lage, and  being  upon  the  border  and  within  the  boundary 
thereof,  and  not  laid  out  into  city  or  village  lots  or  blocks, 
shall  petition  the  city  council  of  such  city,  or  the  trustees 
of  such  village,  praying  the  disconnection  of  such  territory 
therefrom,  such  petition  shall  be  filed  with  the  city  clerk 
of  such  city,  or  the  president  of  the  trustees  of  such  village, 
accompanied  with  a certificate  of  the  county  clerk,  showing 
that  all  city  taxes  or  assessments  due  up  to  the  time  of 
presenting  such  petition  are  fully  paid,  at  least  ten  days 
before  the  meeting  of  such  city  council,  or  trustees,  at  which 
it  is  proposed  to  present  such  petition;  and  the  city  clerk 
of  such  city,  or  president  of  the  trustees  of  such  village  shall 
present  such  petition  to  the  city*  council  or  trustees,  as  the 
case  may  be,  and  upon  such  presentation,  the  city  council 
of  such  city,  or  trustees  of  such  village  may,  by  ordinance, 
to  be  passed  by  a majority  of  the  members  elected  to  such 
city  council  or  board  of  trustees,  disconnect  the  territory 
described  in  such  petition  from  such  city  or  village  : Provided, 
hoivever,  that  the  territory  so  disconnected  shall  not  thereby 
be  exempted  from  taxation,  for  the  purpose  of  paying  any 
indebtedness  contracted  by  the  corporate  authorities  of  such 
city  or  village,  while  such  territory  was  within  the  limits 
thereof,  and  remaining  unpaid,  but  the  same  shall  be  assessed 
and  taxed  for  the  purpose  of  paying  such  indebtedness,  the 
same  as  if  such  territory  had  not  been  disconnected,  until 
such  indebtedness  is  fully  paid. 


1.  So  much  of  the  above  act  as  attempts  to  confer  power  upon  the  courts 
to  change  the  boundaries  of  municipal  bodies,  is  held  unconstitutional;  such 

Eower  being  legislative  and  not  judicial.  City  of  Galesburg  vs.  Hawkinson.  75 
.1.,  152;  Covington  vs.  East  St.  Louis.  78  111.,  548. 


8G 


STATUTES  KELATING  TO 


212.  Ordinance  recorded.']  § 2.  A copy  of  the  ordinance 
disconnecting  territory  from  any  city  or  village,  certified  by 
the  clerk  of  such  city,  or  president  of  the  trustees  of  such 
village,  shall  be  filed  for  record  and  recorded  in  the  recorder’s 
office  of  the  county  in  which  such  disconnected  territory  is 
situated,  and  another  copy  of  such  ordinance,  so  certified, 
shall  he  filed  with  the  clerk  of  the  county  court  of  the 
county  in  which  such  disconnected  territory  is  situated. 

213.  Judicial  notice.]  § 3.  All  courts  in  this  State  shall 
take  judicial  notice  of  cities  and  villages,  and  of  the  changes 
made  in  their  territory,  under  this  act. 

214.  Repeal.]  § 4.  All  acts  and  parts  of  acts  in  con- 
flict with  this  act  are  hereby  repealed. 

215.  Emergency .]  § 5.  Whereas,  there  is  no  valid  law 

in  force  in  this  State  enabling  cities  and  villages  to  decrease 
their  corporate  limits,  and  special  legislation  therefor  by  the 
General  Assembly  is  forbidden  by  the  Constitution  of  this 
State,  therefore  an  emergency  exists  why  this  ordinance 
should  take  effect  immediately ; therefore  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


B ONDS — Municipal  . 


AN  ACT  to  amend  an  act  approved  April  27, 1877,  entitled  “An  act  to  amend  an 
act  entitled  an  aci  relating  to  county  and  city  debts,  and  to  provide  for  the 
payment  thereof  by  taxation  in  such  counties  and  cities,  approved  February 
13, 1865,  and  to  amend  the  title  thereof.”  [Approved  June  4, 1879.  In  force 
July  1. 1879.] 

216.  Neiv  bonds  may  he  issued  for  indebtedness  in  place  of 
old  ones.]  § 1.  That  in  all  cases  where  any  county,  city, 
town,  township,  school  district,  or  other  municipal  corpora- 
tion, has  issued  bonds  or  other  evidences  of  indebtedness, 
for  money,  or  has  contracted  debts,  which  are  the  binding 
subsisting  legal  obligations  of  such  county,  city,  town,  town- 
ship, school  district,  or  other  municipal  corporation,  and  the 
same,  or  any  portion  thereof,  remain  outstanding  and  unpaid, 
it  shall  be  lawful  for  the  proper  corporate  authorities  of  any 
such  county,  city,  town,  township,  school  district,  or  other 
municipal  corporation,  upon  the  surrender  of  any  such  bonds 
or  other  evidences  of  indebtedness,  or  any  number  or  portion 
thereof,  to  issue,  in  lieu  or  place  thereof,  to  the  owners  or 
holders  of  the  same,  new  bonds  prepared  as  hereinafter 
directed,  and  for  such  amounts,  upon  such  time  not  exceed- 
ing twenty  years,  payable  at  such  place,  and  bearing  such 
rate  of  interest,  not  exceeding  seven  per  centum  per  annum, 
as  may  be  agreed  upon  with  the  owners  or  holders  of  such 


THE  CITY  OF  SPE  NGFIELD. 


87 


outstanding  bonds  or  other  evidences  of  indebtedness : Pro- 
vided, that  bonds  issued  under  this  act,  to  mature  within 
five  years  from  their  date,  may  bear  interest  not  to  exceed 
eight  per  cent,  per  annum.  And  it  sball  also  be  lawful  for 
the  proper  corporate  authorities  of  any  such  county,  city, 
town,  township,  school  district  or  other  municipal  corpora- 
tion, to  cause  to  be  thus  issued,  such  nev/  bonds  and  sell 
the  same,  to  raise  money  to  purchase  or  retire  any  or  all  uf 
such  outstanding  bonds  or  other  evidences  of  indebtedness ; 
the  proceeds  of  the  sales  of  such  new  bonds  to  be  expended, 
under  the  direction  of  the  corporate  authorities  aforesaid,  in 
the  purchase  or  retiring  of  the  outstanding  bonds  or  other 
evidences  of  indebtedness  of  such  county,  city,  town,  town- 
ship, school  district,  or  municipal  corporation,  and  for  no 
other  purpose  whatever.  Ail  bonds,  or  other  evidences  of  in- 
debtedness, issued  under  the  provisions  of  this  act,  shall 
show  upon  their  face  that  they  are  issued  under  this  act, 
and  the  purpose  for  which  they  are  issued,  and  shall  be  of 
uniform  design  and  style,  throughout  the  State,  to  be  pre- 
scribed by  the  State  Auditor,  whose  imperative  duty  it  shall 
be  to  devise  and  prepare  such  uniform  style  and  draft  adapted 
to  the  classes  of  bonds  herein  provided  for,  namely : The 
first  class  to  consist  of  bonds  of  which  only  the  interest  is 
payable  annually;  the  second  class  to  consist  of  those  of 
which  the  interest  and  five  per  centum  of  the  principal  are 
to  be  paid  annually,  and  the  third  class  to  consist  of  a 
graduated  series,  the  first  grade  made  payable,  principal 
and  interest,  at  the  end  of  one  year  from  the  date  of  is=:ue ; 
the  second  at  the  end  of  two  years,  and  ihus  to  the  end  of 
the  series,  the  class  to  be  issued  being  at  the  option  of  the 
legal  voters  expressed  as  herein  provided.  In  any  case,  the 
new  bonds,  or  other  evidences  of  indebtedness,  authorized  to 
be  issued  by  this  act,  shall  not  be  for  a greater  sum,  in  the 
aggregate,  than  the  principal  and  accrued  or  earned  interest, 
unpaid,  of  such  outstanding  bonds  or  other  evidences  of 
indebtedness.  And  when  such  new  bonds,  or  other  evidences 
of  indebtedness,  shall  have  been  issued  in  order  to  be  placed 
on  the  market  and  sold  to  obtain  proceeds  with  which  to 
retire  outstanding  bonds,  or  other  evidences  of  indebtedness, 
it  shall  be  the  duty  of  the  State  Auditor,  on  the  request  of 
the  corporate  authorities  issuing  them,  and  at  the  expense 
of  the  corporation  in  whose  behalf  the  issue  is  thus  made, 
to  negotiate  the  same,  at  not  less  than  par  value,  and  on 
the  best  terms  which  can  be  obtained:  Provided,  always, 
that  any  such  county,  city,  town,  township,  scliool  district 
or  other  municipal  corporation  issuing  bonds  under  the  pro- 
visions of  this  act,  may,  through  its  corporate  authorities 
duly  authorized,  negotiate,  sell  or  dispose  of  said  bonds,  or 
any  part  thereof,  at  not  less  than  their  par  value,  without 


88 


STATUTES  KELATING  TO 


the  intervention  of  the  Auditor  of  State.  And  provided, 
further,  that  no  new  bonds,  or  other  evidences  of  indebted- 
ness, shall  be  issued  under  this  act,  unless  the  same  shall 
be  first  authorized,  as  hereinafter  provided,  by  a vote  of  a 
majority  of  the  legal  voters  of  such  county,  city,  town,  town- 
ship, school  district,  or  other  municipal  corporation  voting 
at  some  general  election,  or  special  election  held  for  that 
purpose. 

217.  Valuation  of  taxable  property  to  he  indorsed  on  bond,'] 
§ 2.  In  all  cases  where  any  county,  city,  town,  township, 
school  district  or  other  municipal  corporation  shall  issue  any 
bonds,  or  other  evidences  of  indebtedness,  under  this  act,  it 
shall  be  the  duty  of  the  county  clerk  of  such  county,  or  other 
officer  to  whom,  or  to  whose  office,  the  assessment  rolls  for 
State  taxation  of  the  property  within  such  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation,  are 
or  shall  be  returnable,  within  five  days  after  the  total  value 
of  the  property  subject  to  taxation  therein  shall  be  returned 
to  him,  to  make  out  and  transmit  to  the  Auditor  of  Public 
Accounts,  to  be  filed  in  his  office,  a certificate  setting  forth 
the  total  value  of  all  taxable  property,  of  every  nature  and 
description,  within  such  county,  city,  town,  township,  school 
district,  or  other  municipal  corporation,  as  exhibited  by  such 
assessment;  and  it  shall  be  the  duty  of  the  Auditor  of 
Public  Accounts  to  place  on  the  back  of  all  new  bonds,  or 
other  evidences  of  indebtedness,  issued  under  the  provisions 
of  this  act,  a certificate  setting  forth  an  aggregate  statement 
of  the  amount  of  valuation  of  the  taxable  property  of  the 
municipal  corporation  issuing  such  new  bonds,  or  other  evi- 
dences of  indebtedness ; said  certificate  specifically  distin- 
guishing the  value  of  real  estate  and  personal  property,  and 
being  based  on  the  return  provided  for  in  this  section,  or, 
if  there  should  be  no  such  return  made  by  the  county  clerk 
to  the  State  Auditor,  then  based  on  an  affidavit  made  by 
the  officials  of  the  corporation  issuing  the  bonds. 

218.  Election — notice.]  § 3.  It  shall  be  lawful  for  the 
corporate  authorities  of  any  such  municipal  corporation,  or 
officers  authorized  by  law  to  call  elections  therein,  on  the 
petition  of  ten  legal  voters,  resident  therein,  to  submit  to 
the  voters  thereof,  at  any  general  or  special  election,  the 
question  of  issuing  bonds  under  this  act,  by  posting  a notice 
in  ten  of  the  most  public  places  therein,  and  by  publishing 
the  same  in  the  nearest  newspaper,  twenty  days  before  said 
ejection,  which  notice  shall  state  the  number  and  amount 
of  the  bonds  proposed  to  be  issued ; the  kind  or  class  thereof 
as  specified  in  the  first  section  of  the  act  of  1865,  as  hereby 
amended,  and  as  also  amended  by  the  said  act  of  1877 ; the 


THE  CITY  OF  SPRINGFIELD. 


89 


amount  of  each;  the  rate  of  interest,  under  the  limitation 
of  this  amendatory  act ; when  and  where  payable ; for  what 
purpose  issued,  and  the  time  and  place  when  and  where  said 
election  will  be  held.  And  upon  like  petition  and  notice,  it 
shall  be  lawful  for  such  corporate  authorities,  or  officers,  to 
submit  tliQ  question  of  issuing  bonds  under  this  act,  at  a 
special  election,  which  shall  be  held  and  conducted  in  like 
manner  as  other  elections  therein.  The  ballots  shall  read 
“For  issuing  the  bonds,”  or  “Against  issuing  the  bonds.” 
If  a majority  of  the  votes  cast  be  “For  issuing  the  bonds,” 
the  same  shaJl  be  issued  in  conformity  to  the  specifications 
of  said  notice.  Nothing  contained  in  this  act,  or  in  the  acts 
to  which  this  is  an  amendment,  shall  be  held  to  repeal,  or 
in  any  wise  affect  the  power  of  the  city  of  Chicago,  to  issue 
new  bonds  of  said  city  conferred  by  an  act  of  the  General 
Assembly,  approved  February  13,  1865,  amending  the  charter 
of  said  city,  nor  in  anywise  affect  any  other  law  which 
authorizes  municipal  corporations  to  issue  bonds,  or  other 
evidences  of  indebtedness,  and  which  does  not  provide  for  the 
registration  thereof, 

219.  Registration.^  § 4.  Upon  the  surrender  of  any  bond, 
or  other  evidence  of  indebtedness,  under  this  act,  the  same 
shall  be  endorsed  canceled,  and  shall,  from-  time  to  time,  be 
destroyed,  under  the  direction  of  the  authority  issuing  the 
same.  Upon  the  issuing  of  any  new  bond,  or  other  evidence 
of  indebtedness,  the  clerk,  or  other  officer  having  custody  of 
the  records  of  the  fiscal  matters  of  such  county,  city,  town, 
township,  school  district  or  other  municipal  corporation,  as 
the  case  may  be,  shall  make  registration  thereof  in  a book 
kept  in  his  office  for  that  purpose,  showing  the  date,  amount, 
number,  class,  date  of  maturity,  rate  of  interest  and  place 
of  payment  of  such  new  bond,  or  other  evidence  of  indebted- 
ness, and  the  description  of  the  bond,  or  other  evidence  of 
indebtedness,  for  which,  or  for  the  purchasing  or  retiring  of 
which,  the  same  was  given,  as  nearly  as  practicable.  On 
presentation  of  any  such  new  bond,  or  evidence  of  indebted- 
ness, issued  under  this  act,  at  the  office  of  the  Auditor  of 
Public  Accounts,  for  registration,  the  said  Auditor  shall 
cause  the  same  to  be  registered  in  his  office,  in  a book  to 
be  kept  for  that  purpose ; such  registration  shall  show  the 
date,  amount,  number,  class,  date  of  maturity,  rate  of  inter- 
est, time  when  such  interest  is  payable,  and  place  of  pay- 
ment of  the  principal  and  interest  of  such  bond,  or  other 
evidence  of  indebtedness,  under  what  act,  by  what  authority, 
for  what  purpose,  and  by  what  county,  city,  town,  township, 
school  district,  or  other  municipal  corporation,  issued,  and 
the  name  of  the  person,  or  persons,  presenting  the  same  for 
registration,  and  for  such  registration  the  Auditor  shall  be 
entitled  to  a fee  of  twenty- five  cents,  and  the  Auditor  shall. 


90 


STATUTES  RELATING  TO 


under  his  seal  of  office,  certify  upon  such  bond  the  fact  of 
such  registration  for  which  the  Auditor  shall  be  entitled  to  a 
fee  of  twenty-five  cents,  such  fees  to  be  paid  by  the  person 
or  persons  desiring  such  registration  and  certificate.  No 
bonds  issued  under  this  act  shall  be  entitled  to  registration 
in  the  office  of  the  State  Auditor,  until  a sworn  certificate 
shall  have  been  filed  with  him,  showing  that  all  the  require- 
ments of  this  act  have  been  fully  complied  with,  in  their 
issue.  In  the  case  of  county  bonds,  such  affidavits  shall  be 
made  by  the  chairman  of  the  county  board  ; in  case  of 
township  bonds,  by  the  supervisor  of  such  township ; in  case 
of  city  bonds,  by  the  mayor  of  such  city;  in  case  of  town 
or  village  bonds,  by  the  chairman  of  the  town  or  village 
board ; and  in  the  case  of  school  district  bonds,  by  each  of 
the  directors  of  such  school  district.  Said  certificate  shall 
set  forth  the  date  of  the  election  at  which  the  people 
authorized  the  issuance  of  the  bonds,  and  shall  state  the 
class,  date,  number,  amount,  rate  of  interest  and  date  of 
maturity  of  the  bonds,  the  aggregate  equalized  value  of  real 
property,  and  the  aggregate  equalized  value  of  personal 
property  assessed  in  such  locality,  for  the  previous  year, 
together  with  any  other  information  in  relation  thereto, 
which  may  be  demanded  by  the  Auditor  of  Public  Accounts. 

220.  Auditor  to  certify  rate  required.]  § 5.  When  the 
bonds,  or  other  evidences  of  indebtedness,  of  any  county, 
city,  town,  township,  school  district,  or  other  municipal 
corporation,  shall  be  so  registered,  the  Auditor  of  Public 
Accounts  shall  annually  ascertain  the  amount  of  principal 
and  interest  due  and  accrued,  and  to  accrue,  for  the  current 
year,  on  all  such  bonds,  and  evidences  of  indebtedness,  so 
registered  in  his  office,  and  shall,  upon  the  basis  of  the 
certificate  of  the  valuation  of  property  to  be  transmitted  to 
him,  as  aforesaid,  or,  in  case  no  such  certificate  shall  be 
transmitted  to  him  or  filed  in  his  office,  then  upon  the  basis 
of  the  total  valuation  of  the  property  in  such  county,  city, 
town,  township,  school  district,  or  other  municipal  corpora- 
tion, for  the  year  next  preceding,  estimate  and  determine 
the  rate  per  centum,  upon  the  valuation  of  such  property, 
requisite  to  meet  and  satisfy  the  said  interest,  or  interest 
and  principal,  as  the  case  may  be,  together  with  the  ordi- 
nary cost  to  the  State,  of  the  collection  and  disbursement 
of  the  same,  to  be  estimated  by  the  Auditor  and  State 
Treasurer,  and  shall  make  and  transmit  to  the  county  clerk 
of  such  county,  or  of  the -county  in  which  such  city,  town, 
township,  school  district,  or  other  municipal  corporation  is 
situated,  or  to  the  officer  or  authority  whose  duty  it  is,  or 
may  be,  to  prepare  the  estimate,  and  books  for  the  collection 
of  State  taxes  in  such  county,  city,  town,  township,  school 
district,  or  other  municipal  corporation,  a certificate  setting 


THE  CITY  OF  SPRINGFIELD. 


91 


forth  such  estimated  requisite  per  centum  for  such  purposes, 
to  be  filed  in  his  office ; and  the  said  per  centum  shall 
thereupon  be  deemed  added  to  and  a part  of  the  per  centum 
which  is  or  may  be  levied,  or  provided  by  law,  for  the  pur- 
poses of  State  revenue,  and  shall  be  so  treated  by  such 
clerk,  officer  or  authority  in  making  such  estimates  and 
books  for  the  collection  of  State  taxes,  and  the  said  taxes 
shall  be  collected  with  the  State  taxes,  and  all  laws  relating 
to  the  State  revenue  shall  apply  thereto,  except  as  herein 
otherwise  provided.  Provided^  that  it  shall  be  lawful  for  the 
county  collector,  at  any  time  before  settlement  with  the 
State  Treasurer,  to  pay  from  such  taxes  any  coupons  that 
are  due,  for  interest  that  may  be  presented  for  payment,  and 
to  pay  from  any  surplus,  not  required  for  interest  purposes, 
the  principal  of  any  such  bond  that  may  be  presented  for 

payment,  whether  due  or  not ; and  in  settlement  with  the 

State  Treasurer  the  county  collector  shall  be  credited  with 
such  paid  coupons  and  bonds  the  same  as  money. 

221.  State  custodiari — collection — payment.]  § 6.  The  State 
shall  be  deemed  the  custodian  only  of  the  tax  so  collected, 
and  shall  not  be  deemed,  in  any  manner,  liable  on  account 
of  such  bonds,  or  other  evidences  of  indebtedness ; but  the 

tax  and  funds  so  collected  shall  be  deemed  pledged  and  ap- 

propriated to  the  payment  of  the  principal  and  interest  of 
the  registered  bonds,  and  evidences  of  indebtedness,  to  satisfy 
which  the  same  is  hereinbefore  provided  to  be  collected,  as 
aforesaid,  and  such  new  bonds,  and  evidences  of  indebtedness, 
issued  under  the  authority  hereof,  shall  be  deemed  secured 
and  provided  for,  in  virtue  and  faith  hereof,  until  fully 
satisfied.  The  State  shall  annually  collect  and  apply  the 
said  fund  to  the  satisfaction  of  the  interest,  or  interest  and 
portion  of  the  principal,  as  the  case  may  be,  of  such  regis- 
tered bonds,  or  evidences  of  indebtedness,  of  any  such  county, 
city,  town,  township,  school  district,  or  other  municipal  cor- 
poration, to  the  extent  the  same  is  herein  contemplated  to 
be  derived  from  such  tax,  in  the  same  manner  as  the  in- 
terest on  the  bonds  of  the  State  is  or  may  be  collected  or 
paid,  and  in  like  moneys  as  shall  be  receivable  in  payment 
of  State  taxes ; and  moneys  so  paid  upon  the  principal  of 
any  such  bonds,  or  evidences  of  indebtedness,  shall  be  en- 
dorsed thereon,  and  due  receipts  therefor  shall  be  taken  and 
filed  in  the  office  of  the  Auditor  of  Public  Accounts,  or  State 
Treasurer,  and  interest  coupons  or  bonds,  or  other  evidences 
of  indebtedness,  so  paid,  shall  be  returned  to  one  of  said 
officers,  and  shall  be  canceled  and  returned  to  the  corporate 
authorities  of  the  municipality  which  issued  the  same,  in 
the  manner  now  provided  by  law. 


92 


STATUTES  RELATING  TO 


222.  How  money  disbursed.']  § 7.  The  State  may,  out 
of  such  fund,  first  retain  or  satisfy  the  ordinary  cost  to  the 
State  of  the  collection  and  disbursement  thereof ; and  in  case 
of  the  non-presentment  of  any  such  bond,  or  evidence  of  in- 
debtedness, or  interest  coupon  of  any  such  county,  city, 
town,  township,  school  district,  or  other  municipal  corpora- 
tion, for  payment,  at  the  times  and  when  and  where  the 
interest  on  the  State  debt  is  or  may  be  paid,  then,  on  the 
beginning  of  the  next  year,  the  moneys  by  reason  thereof 
undisbursed,  together  with  any  surplus  for  any  cause  re- 
maining, shall  be  carried  to  the  fund  of  such  county,  city, 
town,  township,  school  district,  or  other  municipal  corpora- 
tion, of  the  current  or  ensuing  year,  and  be  considered  by 
the  Auditor  in  making  his  next  estimate  for  taxation  therein 
for  such  year  under  this  act,  and  shall  be  applied  accord- 
ingly. All  laws  relating  to  the  payment  of  interest  on  the 
State  debt,  or  the  cancellation  of  the  evidences  thereof,  not 
inconsistent  with  this  act,  shall  apply  to  the  receipt,  custody 
and  disbursement  of  the  taxes  and  funds  provided  by  this 
act. 

223.  When  registered  bonds  mature  and  are  not  paid.]  § 8. 
Upon  the  maturity  of  such  registered  bond,  or  other  evi- 
dence of  indebtedness,  and  the  non-payment  thereof  by  the 
county,  city,  town,  township,  school  district,  or  other  muni- 
cipal corporation,  issuing  the  same,  the  holder  thereof  may 
cause  the  same  to  be  registered  in  the  office  of  the  Auditor, 
as  a matured  or  unsatisfied  bond,  or  evidence  of  indebted- 
ness, and  thereupon,  for  the  purpose  of  providing  for  the 
payment  of  the  principal  thereof,  at  the  rate  of  five  per 
centum  of  such  principal,  annually,  and  of  the  interest 
thereon  in  arrear,  and  for  the  current  year  to  accrue,  to- 
gether with  the  cost  to  the  State  of  the  collection  and  dis- 
bursement thereof,  as  aforesaid;  the  same  proceedings,  in 
all  respects,  shall  be  had  as  is  hereinbefore  provided  for  the 
payment  of  the  interest  on  such  bonds  and  evidences  of  in- 
debtedness, by  the  collection  of  an  annual  tax  sufficient  for 
the  purposes  in  the  section  contemplated ; and  the  same 
shall  be  collected  and  applied,  as  aforesaid,  to  such  purpose, 
from  year  to  year,  until  the  full  satisfaction  thereof,  when 
such  bonds,  or  evidences  of  indebtedness,  shall  be  canceled, 
and  returned  as  hereinbefore  provided. 

224.  Entry  of  payment.]  § 9.  Upon  the  payment  of  any 
such  registered  bond,  or  evidence  of  indebtedness,  and  pre- 
sentation thereof  to  the  Auditor,  he  shall  cause  due  entry 
thereof  to  be  made  in  his  office. 

225.  Fees — collector's  bond.]  § 10.  There  shall  be  allowed 
to  the  officers  collecting  and  paying  over  the  taxes  author- 
ized to  be  collected  under  the  provisions  of  this  act,  the 


THE  CITY  OF  SPRINGFIELD. 


93 


same  fees  or  compensation  as  is  allowed  by  law  for  col- 
lecting and  paying  over  State  taxes,  and  where  such  tax  is 
levied,  the  bonds  of  the  collectors  thereof  shall  be  increased 
in  proportion  to  the  estimated  amount  of  such  tax  to  be 
collected. 

226.  Bonds — hy  whom  executed.]  § 11.  All  bonds  issued 
under  this  act  shall  be  executed  on  behtlf  of  the  munici- 
palities issuing  the  same,  by  the  following  named  officers, 
viz : On  behalf  of  counties  under  the  township  organization 
laws  of  this  State,  by  the  chairman  of  the  board  of  super- 
visors, and  the  clerk  of  the  county  court  attesting  the  same 
with  his  signature  and  official  seal.  On  behalf  of  counties 
not  under  township  organization,  by  the  acting  chairman  of 
the  board  of  county  commissioners,  together  with  the  clerk 
of  the  county  court  attesting  the  same  with  his  signature 
and  official  seal.  On  behalf  of  cities,  by  the  mayor  and 
city  clerk,  together  with  the  seal  of  the  city.  On  behalf  of 
towns  organized  under  the  township  organization  law  of  this 
State,  by  the  supervisor  or  supervisors  of  such  town  (as  the 
case  may  be)  and  the  town  clerk  of  such  towns.  On  behalf 
of  all  other  municipalities  hereinbefore  mentioned,  by  the 
president,  chairman,  or  chief  executive  officer  thereof,  to- 
gether with  the  clerk  or  secretary  thereof:-  Provided,  that 
nothing  herein  contained  shall  be  so  construed  as  to  author- 
ize the  officers  herein  mentioned  to  issue  bonds  under  this 
act,  except  upon  a majority  vote  of  the  voters,  as  herein- 
before provided.  [This'  section  added  to  the  foregoing  act 
by  act  approved  May  28,  1879,  in  force  July  1,  1879. 


Official  Bonds. 

AN  ACT  to  revise  the  law  In  relation  to  official  bonds.  [Approved  March  13, 
1874.  In  force  July  1, 1874.J 

227.  When  additional  or  neiv  bonds  may  he  required.] 
§ 1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  rep- 
resented in  the  General  Assembly,  That  all  official  bonds 
required  by  law  to  be  given  by  any  public  officer,  or  public 
employe,  including  executors,  administrators,  guardians  and 
conservators,  in  this  State,  shall  be  signed  and  sealed  by 
any  said  officer,  employe,  executor,  administrator,  guardian 
or  conservator  and  his  securities,  and  acknowledged  before 
some  officer  authorized  by  law  to  take  acknowledgments  of 
instruments  under  seal,  which  said  acknowledgments  shall 
be  substantially  in  the  following  form: 


94 


STATUTES  KELATING  TO 


STATE  OF Uc 

County  of 

I , hereby  certify  that  who  are  each  per- 

sonally known  to  me  to  be  the  same  persons  whose  names  are  subscribed  to 
the  foregoing  instrument,  appeared  before  me  this  day  in  person  and  acknowl- 
edged that  they  signed,  sealed  and  delivered  said  instrument  as  their  free  and 
voluntary  act  for  the  uses  and  purposes  therein  set  forth. 

Given  under  my  hand  and seal,  this day  of A.  D 

Which  acknowledgment  shall  be  deemed  and  taken  i^rima 
facie  evidence  that  the  instrument  was  signed,  sealed  and 
acknowledged  in  the  manner  therein  set  forth,  and  such 
acknowledgments  shall  have  the  same  force  and  effect,  as 
evidence  in  all  legal  proceedings,  as  that  given  to  acknowl- 
edgments of  deeds  of  conveyance  of  real  estate.  That  all 
public  officers  or  employes  who  are  compelled  to  give  official 
bonds  may  be  required  by  the  court,  officer,  or  board  whose 
duty  it  is  to  take  or  approve  such  bonds,  to  give  additional 
surety  or  new  bonds  whenever  the  security  of  the  original 
bond  has  become  insufficient  by  subsequent  insolvency,  death 
or  removal  of  the  sureties,  or  any  of  them,  or  when  for  any 
cause  any  such  bond  shall  be  deemed  insufficient.  Any 
officer  or  employe  failing  to  give  bond  when  required,  pur- 
suant to  this  section,  within  ten  days  after  he  is  notified  in 
writing  of  such  request,  shall  be  deemed  to  have  vacated 
his  office.  [As  amended  by  act  approved  May  31,  1879;  in 
force  July  1,  1879. 

228.  Release  of  sureties.']  § 10.  When  a surety  upon  the 
official  bond  of  any  State  officer  or  agent,  county,  town, 
city,  village,  incorporated  town  or  other  public  officer,  or 
the  heir,  executor  or  administrator  of  such  surety,  desires  to 
be  released  from  such  bond,  he  may  give  notice  in  writing 
to  the  officer  upon  whose  bond  he  is  surety  that  he  desires 
to  be  released,  and  that  such  officer  give  a new  bond  with 
sufficient  sureties  within  ten  days  after  receiving  such  notice, 
and  may  within  five  days  after  the  service  of  such  notice 
deliver  a copy  of  the  same,  with  an  affidavit  showing  the 
time  and  manner  of  service,  to  the  court,  officer,  or  board 
authorized  to  approve  the  bonds  of  such  officers.  And  if 
such  officer  shall  not  within  ten  days  after  receiving  such 
notice,  or  within  such  further  time,  not  exceeding  twenty 
days,  as  the  court,  officer  or  board  shall  allow,  give  a new 
bond  with  sufficient  security,  approved  as  required  by  law, 
his  office  shall  become  vacant,  and  the  vacancy  shall  be 
filled  as  provided  by  law. 

229.  Effect  of  new  bond.]  § 11.  If  a new  bond  shall  be 
given  by  any  officer,  as  provided  in  the  foregoing  section  of 
this  act,  then  the  former  sureties  shall  be  entirely  released 
and  discharged  from  all  liabilities  incurred  by  any  such 
officer  in  consequence  of  business  which  may  have  come  to 


THE  CITY  OF  SPKINGFIELD. 


95 


hand  from  and  after  the  time  of  the  approval  of  the  said 
new  bond,  and  the  sureties  to  the  new  bond  are  hereby 
cleclared  to  be  liable  for  all  the  official  delinquencies  of  said 
officer,  whether  of  omission  or  commission,  which  may  occur 
after  the  approval  of  the  new  bond  as  aforesaid ; but  the 
provisions  of  this  act  shall  not  be  so  construed  as  to  operate 
as  a release  of  the  sureties  of  any  of  the  aforesaid  officers, 
for  liabilities  incurred  previous  to  the  filing  of  a new  bond, 
as  required  in  the  foregoing  section  of  this  act. 

230.  When  effects  to  he  delivered  to  sureties.']  § 12.  It 
shall  be  the  duty  of  such  officer,  if  he  fail  to  give  bond  as 
provided  for  in  this  act,  forthwith  to  deliver  over  to  his 
sureties  all  books,  moneys,  vouchers,  papers,  and  every 
description  of  property  whatever  pertaining  to  his  office,  and 
the  said  sureties  may,  at  any  time  after  said  failure  to  file 
said  bond,  maintain  an  action  of  replevin,  or  other  appro- 
priate action,  to  recover  such  property,  money  or  effects 
from  their  said  principal. 

231.  Suit  on  bond — executors,  etc.]  § 10.  Whenever  the 
condition  of  the  bond  of  any  public  officer  shall  be  violated, 
suit  may  be  instituted  on  such  bond,  and  prosecuted  to  final 
judgment  against  such  officer,  and  any  or  all  of  the  sureties, 
or  against  one  or  more  of  them,  jointly  and  severally,  with- 
out first  establishing  the  liability  of  the  principal  by  obtaining 
judgment  against  him  alone.  The  provisions  of  this  section 
shall  extend  to  the  official  bonds  of  executors,  administra- 
tors, guardians  and.  conservators,  and  in  suits  thereon  it 
shall  not  be  necessary  to  a recovery  that  a devastavit  should 
have  previously  been  established  against  the  principal. 

232.  Execution — lien.]  § 14.  Execution  may  issue  on 
any  judgment  so  rendered,  as  in  ordinary  cases,  but  the 
officer  executing  the  same  shall  not  levy  upon  the  property 
of  the  sureties  until  he  shall  fail  to  find  sufficient  property 
of  the  principal  to  satisfy  such  execution  : Provided,  however, 
the  judgment  and  execution  shall  be  a lien  upon  the  property 
of  the  sureties  as  in  ordinary  cases. 


Notes  to  “ Official  Borxds:” 

(a)  A voluntary  office  bond,  althoufrh  not  in  the  form  required  by  law,  is 
not  void.  Todd  vs.  Cowell,  14  111.,  73;  U.  S.  vs.  Linn,  15  Peter’s  U.  S.  R.,  290. 

ib)  Nam(}s  of  sureties  need  not  be  inserted  in  the  body  oi  the  bond.  Neil 
vs.  Morgan,  28  III.,  524. 

(c)  As  to  new  bond,  see  MeElhanon  vs.  Washington  county,  54  III,  163. 
id)  In  suits  on  bonds,  liability  is  determined  by  the  law  in  force  at  the  time 
the  bond  is  made.  Freudenstein  vs.  McNeir,  81  111.,  208. 

(e)  Misrepresentations  to  surety  by  principal  at  the  time  of  executing  the 
Imnd  is  no  defense  in  a suit  against  the  surety.  Ladd  vs.  Board  of  Supervisors, 
80  111.,  2.3.3. 

if)  Where  an  officer  is  elected  his  own  successor,  sureties  on  the  second 
bond  will  be  liable  for  moneys  in  his  hands  at  the  expiration  of  his  first  term. 
Morley  vs.  Town  of  Metamora,  78  111.,  394. 


96 


STATUTES  KELATING  TO 


Bonds  of  Dram-Shop  Keepers. 


AN  ACT  to  provide  for  the  licensing  of  and  against  the  evils  arising  from  the 

sale  ot  intoxicating  liquors.  [Approved  March  30, 1874.  In  force  July  1, 1874.1 

* * * H: 

233.  Bond — hoiv  taken — suit  on.]  § 5.  No  person  shall 
be  licensed  to  keep  a dram-shop,  or  to  sell  intoxicating 
liquors,  by  any  county  board,  or  the  authorities  of  any  city, 
town  or  village,  unless  he  shall  first  give  bond  in  the  penal 
sum  of  $3,000,  payable  to  the  people  of  the  State  of  Illinois, 
with  at  least  two  good  and  sufficient  sureties,  free-holders 
of  the  county  in  which  the  license  is  to  be  granted,  to  be 
approved  by  the  officer  who  may  be  authorized  to  issue  the 
license,  conditioned  that  he  will  pay  to  all  persons  all  dama- 
ges that  they  may  sustain,  either  in  person  or  property,  or 
means  of  support,  by  reason  of  the  person  so  obtaining  a 
license,  selling  or  giving  away  intoxicating  liquors.  The  offi- 
cer taking  such  bond  may  examine  any  person  offered  as 
security  upon  any  such  bond,  under  oath,  and  require  him 
to  subscribe  and  swear  to  his  statement  in  regard  to  his 
pecuniary  ability  to  become  such  security.  Any  bond  taken 
pursuant  to  this  section  may  be  sued  upon  for  the  use  of 
any  person,  or  his  legal  representatives,  who  may  be  injured 
by  reason  of  the  selling  or  giving  away  any  intoxicating 
liquor  by  the  person  so  licensed,  or  by  his  agent  or  servant. 


Cemeteries. 

AN  ACT  to  enable  cities  and  villages  to  establish  and  regulate  cemeteries. 
[Approved  March  24, 1874.  In  force  July  1, 1874.] 

234.  Power  of  city  or  village  to  establisJ^,  etc.]  § 1.  Be 
it  enacted  hy  the  People  of  the  State  of  Illinois^  represented  in 
the  General  Assembly,  That  any  city,  village  or  township  in 
this  State,  may  establish  and  maintain  cemeteries  within 
and  without  its  corporate  limits,  and  acquire  lands  therefor, 
by  purchase,  condemnation  or  otherwise;  and  may  lay  out 
lots  of  convenient  size  for  families,  and  may  sell  lots  for 
family  burying  ground,  or  to  individuals  for  burial  purposes. 
[As  amended  by  act  approved  May  25,  1877. 

AN  ACT  to  provide  for  the  removal  of  cemeteries.  [Approved  April  24,  1873. 
In  force  July  1, 1873.1 

235.  When  cemetery  may  be  removed — expense.]  § 1.  Be 
it  enacted  by  the  People  of  the  State  oj  Illinois,  represented  in 
the  General  Assembly,  That  whenever  any  cemetery  shall  be 


THE  CITY  OF  SPRINGFIELD. 


97 


embraced  within  the  limits  of  any  town  or  city,  it  shall  be 
lawful  for  the  corporate  authorities  thereof,  if,  in  their 
opinion,  any  good  cause  exists  why  such  cemetery  should  be 
removed,  to  cause  the  remains  of  all  persons  interred  therein 
to  be  removed  to  some  suitable  place  : Provided,  said  corpo- 
rate authorities  shall  have  first  obtained  the  assent  of  the 
trustees  or  other  persons  having  the  control  or  ownership  of 
said  cemetery,  or  a majority  thereof:  And,  provided,  further, 
that  when  such  cemetery  is  owned  by  one  or  more  private 
parties,  or  private  corporation  or  chartered  society,  the  corpo- 
rate authorities  of  such  town  or  city  may  require  the  removal 
of  such  cemetery  to  be  done  at  the  expense  of  such  private 
parties,  or  private  corporation  or  chartered  society,  if  such 
removal  be  based  upon  their  application. 


Dram-Shops. 


AN  ACT  to  restrict  the  powers  of  counties,  cities,  towns  and  villa'res  in  licens- 
ing dram-shops,  to  provide  for  granting  a license  to  retail  malt  liquors 
separately,  and  for  punishing  persons  holding  such  separate  license  for 
unlawful  sale  and  gifts.  [Approved  June  15,  18S3.  In  force  July  1, 1883.1 

236.  How  licenses  may  he  granted.']  § 1.  Be  it  enacted 
hy  the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly,  That  hereafter  it  shall  not  be  lawful  for  the  corpo- 
rate authorities  of  any  city,  town  or  village  in  this  State,  to 
grant  a license  for  the  keeping  of  a dram-shop,  except  upon 
the  payment,  in  advance,  into  the  treasury  of  the  city,  town 
or  village  granting  the  license,  such  sum  as  may  be  deter- 
mined by  the  respective  authorities  of  such  city,  town  or 
village,  not  less  than  at  the  rate  of  five  hundred  dollars 
($500)  per  annum  : Provided,  that  in  all  cases  when  a license 
for  the  sale  of  malt  liquors  only  is  granted,  the  city,  town 
or  village  granting  such  license,  may  grant  the  same  on  the 
payment,  in  advance,  of  the  sum  of  not  less  than  at  the 
rate  of  one  hundred  and  fifty  dollars  ($150)  per  annum : 
And,  provided,  farther,  that  the  city  councils  in  cities,  the 
board  of  trustees  in  towns,  and  president  and  board  of 
trustees  in  villages,  may  grant  permits  to  pharmacists  for 
the  sale  of  liquors  for  medicinal,  mechanical,  sacramental 
and  chemical  purposes  only,  under  such  restrictions  and 
regulations  as  may  be  prescribed  by  ordinance.^ 


1.  A fee  received  fPr  <a  license  granted  by  a municipal  corporation  for  the 
sale  of  liq’iors  is  not  a tax  in  the  meaning  of  the  constitutional  provision 
requiring  equality  and  uniformity.  Lovingston  et  al.,  vs.  Board  of  Trustees, 
99  III, 564. 

—7 


98 


STATUTES  EELATING  TO 


237.  How  license  may  he  granted  hy  county  hoard.]  § 2. 
The  county  boards  of  each  county  may  grant  licenses  to 
keep  so  many  dram-shops  in  their  county  as  they  may  think 
the  public  good  requires,  upon  the  application,  by  petition, 
of  a majority  of  the  legal  voters  of  the  town,  if  the  county 
is  under  township  organization,  and  if  not  under  township 
organization,  then  of  a majority  of  the  legal  voters  of  the 
election  precinct  or  district  where  the  same  is  proposed  to 
be  located,  and  upon  the  payment  into  the  county  treasury 
of  such  sum  as  the  board  may  require,  not  less  than  five 
hundred  dollars  ($500)  per  annum  for  each  license;  and 
upon  compliance  with  the  provisions  of  an  act  entitled  “An 
act  to  provide  for  the  licensing  of  and  against  the  evils 
arising  from  the  sale  of  intoxicating  liquors,”  approved  March 
80,  1874;  in  force  July  1,  1874:  Provided,  that  in  all  cases 
where  a license  is  granted  for  the  sale  of  malt  liquors  only, 
such  board  may  grant  the  same,  upon  payment  into  the 
county  treasury  of  a sum  not  less  than  one  hundred  and 
fifty  dollars  ($150)  per  annum  for  each  license : Provided, 
farther,  such  board  shall  not  have  power  to  issue  any  license 
to  keep  a dram-shop  in  any  incorporated  city,  town  or 
village,  or  within  two  miles  of  the  same,  in  which  the  corpo- 
rate authorities  have  authority  to  license,  regulate,  restrain 
or  prohibit  the  sale  of  liquors,  or  in  any  place  where  the 
sale  of  liquors  is  prohibited  by  law. 

238.  License  to  sell  malt  liquor— penalty  for  selling  other 
liquors.]  § 8.  Any  person  having  a license  to  sell  malt 
liquors  only, who  shall  by  himself  or  another,  either  is  [as] 
principal,  clerk  or  servant,  directly  or  indirectly,  sell  or  give 
any  intoxicating  liquors,  other,  than  malt  liquors,  in  less 
quantity  than  one  gallon,  or  in  any  quantity  to  be  drank 
upon  the  premises,  or  in  or  upon  any  adjacent  room,  build- 
ing, yard  or  place  of  public  resort,  shall  for  each  offense  be 
lined  not  less  than  twenty  dollars,  nor  more  than  one  hun- 
dred dollars,  or  be  confined  in  the  coUnty  jail  not  less  than 
ten  nor  more  than  thirty  days,  or  both,  in  the  discretion  of 
tUe  court.  The  penalties  provided  for  in  this  section  may 
be  enforced  by  indictment  or  information  in  any  court  of 
competent  jurisdiction,  or  the  fine  only  may  be  sued  for  and 
recovered  before  any  justice  of  the  peace  of  the  proper  county, 
and  in  case  of  conviction,  the  offender  shall  stand  committed 
to  the  county  jail  until  the  fine  and  costs  are  fully  paid. 
A conviction  under  this  section  shall  forfeit  the  licence  held 
by  the  defendant,  and  the  court  rendering  judgment  upon 
such  conviction  shall  in  such  judgment  declare  a forfeiture 
of  such  license. 


THE  CITY  OP  SPRINGFIELD. 


99 


Elections. 

AN  ACT  to  provide  for  the  time  of  opening  and  closing  the  polls  during  elec- 
tions of  cities,  towns  and  villages  in  this  State.  [Approved  May  29. 1879,  in 
force  July  1, 1879.1 

239.  Time  of  opening  and  closing  polls,']  § 1.  Be  it 
enacted  hy  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  in  all  city,  town  or  village  elec- 
tions in  this  State,  the  polls  shall  remain  open  from  eight 
(8)  o’clock,  A.  M.,  until  seven  (7)  o’clock,  P.  M.,  any  law 
in  any  special  charter  to  the  contrary  notwithstanding. 


AN  ACT  relating  to  elections,  and  to  fix  the  time  for  holding  the  same,  in  cities 
having  the  same  territory  as  an  organized  township.  [Approved  May(>, 
1879,  in  force  July  1. 1879.1 

240.  Elections.]  § 1.  Be  it  enacted  hy  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assembly,  That 
hereafter  the  regular  charter  election  for  the  election  of  city 
officers  of  any  city  having  the  same  territory  as  an  organized 
township,  shall  take  place  on  the  same  day  provided  by  law 
for  the  township  election,  to-wit ; On  the  first  Tuesday  of 
April,  anything  in  the  charter  of  such  city  to  the  contrary 
notwithstanding,  and  such  charter  and  township  elections 
may  be  conducted  in  all  respects  as  provided  in  and  by  an 
act  entitled  “An  act  to  amend  section  seven  (7)  of  article 
seven  of  an  act  entitled  ‘An  act  to  revise  the  law  in  relation 
to  township  organization,’  ” approved  and  -in  force  March  4, 
1874;  approved  and  in  force  March  9,  1877.  Provided,  that 
this  act  shall  not  be  so  construed  as  to  require  any  city  to  hold 
its  charter  election  oftener  than  its  charter  may  prescribe. 


AN  ACT  to  amend  section  seven  (7)  of  article  seven  (7)  of  an  act  entitled  “An 
act  to  revise  the  law  in  relation  to  township  organization,”  approved  and  in 
force  March  4, 1874.  [Approved  and  in  force  March  9,  1877.1 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  rejyresented  in  the  General  Assembly,  That  section 
seven  of  article  seven  of  an  act  entitled  “An  act  to  revise 
the  law  in  relation  to  township  organization,”  approved  and 
in  force  March  4,  1874,  be  and  the  same  is  hereby  amended 
so  as  to  read  as  follows : 

241.  Ballot  boxes — polling  places — canvass — town  meeting.] 
§ 7.  The  town  shall  supply  a suitable  ballot  box  or  ballot 
boxes,  to  be  kept  and  used  in  like  manner  as  ballot  boxes 
in  other  elections.  In  incorporated  towns,  or  incorporated 
villages,  whose  limits  are  co-e::tensive  with  the  limits  of  a 
town,  or  in  any  organized  town  where  the  number  of  voters 
at  the  last  preceding  general  election  exceeded  three  hun- 
dred, the  county  board  may  require  one  or  more  additional 
ballot  boxes  and  places  for  the  reception  of  votes  to  be  pro* 


100 


STATUTES  RELATING  TO 


vided,  which  places  shall  be  selected  with  reference  to  the 
convenience  of  the  electors  of  the  town,  and  shall  designate 
at  which  of  said  polling  places  the  town  clerk  shall  act  as 
clerk  of  the  election ; and  such  polling  places,  when  so 
designated,  shall  be  the  place  for  transacting  the  miscel- 
laneous business  of  the  town.  And  when  several  places  are 
so  provided,  the  electors  present  shall  choose  from  their 
number  one  assistant  moderator  and  one  assistant  clerk,  for 
each  additional  ballot  box,  to  receive  the  votes  therein,  who 
shall  take  the  same  oath  and  be  subject  to  the  same  pen- 
alties as  the  moderator  and  clerk,  and  shall  be  under  the 
direction  of  the  moderator.  At  the  closing  of  the  polls,  all 
the  said  ballot  boxes  shall  be  brought  together  at  the  polling 
place  where  the  town  clerk  acts  as  clerk  of  the  election,  and 
the  votes  shall  be  canvassed  at  the  same  time  and  in  the 
same  manner,  and  return  thereof  made  the  same  as  if  all 
the  votes  had  been  cast  in  the  same  ballot  box.  When  there 
shall  be  more  than  one  pollirlg  place  designated  in  such 
towns,  the  general  meeting  for  the  transaction  of  business 
shall  be  held  at  the  time  hereafter  mentioned,  at  the  polling 
place  where  the  town  clerk  acts  as  clerk  of  the  town  elec- 
tion ; or,  if  there  be  no  town  clerk,  then  at  such  places  as 

shall  be  designated  by  the  county  clerk.  And  it  shall  be 

the  duty  of  the  town  clerk,  or  if  there  be  no  town  clerk,  it 

shall  be  the  duty  of  the  county  clerk  to  post  up  in  three 

of  the  most  public  places  of  the  town,  a notice  of  each 
of  the  places  in  the  town  where  the  county  board  have 
directed  and  required  the  election  to  be  held:  Provided, 
however,  that  in  towns  which  lie  wholly  within  the  limits 
of  an  incorporated  city,  the  common  council  of  such  city 
shall  divide  each  of  such  towns  into  election  precincts, 
and  designate  the  voting  places  in  each  precinct ; and  any 
elector  in  such  towns  shall  be  entitled  to  vote  for  town 
officers  only  in  the  precinct  in  which  he  may  reside.  The 
common  council  of  such  city  shall  also  appoint  three  judges 
of  election  for  each  of  such  precincts,  who  may  be  the 
same  persons  as  are  appointed  as  judges  for  an  election 
for  city  officers  held  on  the  same  day.  Such  judges  of  elec-  ^ 
tion  may  choose  two  clerks  of  election  for  each  precinct,  and 
such  judges  and  clerks  shall  take  the  oath  of  office  now 
prescribed  by  the  general  election  law  of  this  State.  The 
ballots  cast  at  such  election  for  town  officers  shall  be  de- 
posited in  a separate  ballot  box,  and  shall  be  counted  and 
canvassed  by  the  judges  of  election  separately  from  any 
other  ballots  that  may  be  cast  at  any  other  election  that 
may  be  held  on  the  same  day.  Said  judges  of  election  shall 
cause  to  be  kept  a separate  poll  list,  which  shall  contain 
the  names  of  all  persons  voting  at  such  election  for  town 
officers,  together  with  their  residence.  And  immediately  upon 


THE  CITY  OF  SPRINGFIELD. 


101 


closing  the  polls  they  shall  canvass  the  votes  polled  in  the 
manner  provided  by  the  general  election  law  of  the  State, 
and  make  a written  statement  or  certificate  of  the  number 
of  votes  cast  at  such  election  for  each  person  voted  for,  and 
the  office  for  which  such  person  received  such  votes,  and 
shall,  within  forty-eight  hours  thereafter,  cause  such  certifi- 
cate and  the  poll  list,  together  with  the  ballots  cast  at  such 
election,  to  be  separately  sealed  up  and  transmitted  to  the 
clerk  of  the  town.  The  supervisor,  together  with  the  assessor 
and  collector,  shall,  within  five  days  thereafter,  meet  and 
canvass  said  returns,  and  declare  the  result  of  said  election. 
The  town  meetings  to  be  held  in  such  towns  for  the  trans- 
action of  town  business,  as  now  provided  by  law,  shall  be 
held  at  two  o’clock  in  the  afternoon  of  said  day  at  such 
voting  place  in  such  town  as  the  common  council  of  such 
city  may  designate,  at  which  meeting  a moderator  shall  be 
chosen  to  preside,  by  the  electors  present,  and  the  town  clerk 
shall  act  as  clerk  of  said  meeting,  and  keep  a record  of  the 
proceedings  thereof. 


Electors — Eegistration  of. 

AN  ACT  to  amend  section  one  (1)  of  an  act  entitled  “An  act  for  the  Registry  of 
Electors,  and  to  prevent  fraudulent  voting,”  approved  and  in  force  February 
15, 1865.  [Approved  May  31, 1879.  In  force  July  1, 1879.] 

242.  Board  of  registration — meeting — register— for  munici- 
pal election.]  § 1.  Be  it  enacted  by  the  People  of  the  State 
oj  Illinois  represented  in  the  General  Assembly,  That  section 
one  of  an  act  entitled  “An  act  for  the  registry  of  electors, 
and  to  prevent  fraudulent  voting,”  be  amended  so  as  to  read 
as  follows : 

The  persons  authorized  by  law,  or  appointed  by  any  town  • 
or  city  ordinance,  to  act  as  judges  or  inspectors  of  elections 
in  any  town,  city  or  ward  or  other  election  district  or  pre- 
cinct in  this  State,  shall  constitute  a “Board  of  Kegistry”  for 
their  respective  towns,  cities,  wards,  districts  or  precincts, 
and  shall  meet  on  Tuesday,  three  weeks  preceding  any  State 
election,  at  nine  o’clock  A.  M.,  and  proceed  to  make  a list, 
as  hereinafter  prescribed,  of  all  persons  qualified  and  entitled 
to  vote  at  the  ensuing  election,  in  the  election  district  of 
which  they  are  the  judges  or  inspectors ; which  list,  when 
completed,  shall  constitute  and  be  known  as  the  “Kegister” 
of  electors  of  said  election  district.  In  election  districts  in 
towns  which  lie  wholly  within  the  limits  of  an  incorporated 


102 


STATUTES  KELATING  TO 


city,  a register  of  electors  shall  be  made  for  all  elections, 
whether  general,  special,  local  or  municipal  in  the  same 
manner  as  herein  provided  in  the  case  of  State  elections.^ 

243.  Repeal.]  § 2.  All  acts  or  parts  of  acts  inconsistent 
herewith,  are  hereby  repealed.  [See  “Eegistration  of  Elec- 
tors,” chap.  46,  Kev.  Stat.  (Hurd)  1883. 


Evidence. 

AN  ACT  in  regard  to  evidence  and  depositions  in  civil  cases.  [Approved  March 
29.  1872.  In  force  July  1, 1872.1 

* * * * * * * * 

244.  Records  of  cities,  etc., — how  certified.]  § 14.  The 

papers,  entries,  records  and  ordinances,  or  parts  thereof,  of 
any  city,  village,  town  or  county,  may  be  proved  by  a copy 
thereof,  certified  under  the  hand  of  the  clerk  or  keeper 

thereof,  and  the  corporate  seal,  if  there  be  any ; if  not,  under 
his  hand  and  private  seal. 

245.  Records,  etc.,  of  private  corporations — how  certified.] 
§ 15.  The  papers,  entries  and  records  of  any  corporation  or 
incorporated  association,  may  be  proved  by  a copy  thereof, 
certified  under  the  hand  of  the  secretary,  clerk,  cashier  or 
keeper  of  the  same.  If  the  corporation  or  incorporated  asso- 
ciation has  a seal,  the  same  shall  be  affixed  to  such  certifi- 
cate- 

246.  Form  of  certificate.]  § 16.  The  certificate  of  any 
such  clerk  of  a court,  city,  village,  town,  county,  or  secre- 
tary, clerk,  cashier,  or  other  keeper  of  any  such  papers, 
entries,  records  or  ordinances,  shall  contain  a statement  that 
such  person  is  the  keeper  of  the  same,  and  if  there  is  no 
seal,  shall  so  state. 

^ 

247.  Sworn  copies.]  § 18.  Any  such  papers,  entries, 
records  and  ordinances,  may  be  proved  by  copies  examined 
and  sworn  to  by  credible  witnesses. 

248.  Penalty.]  § 19.  If  any  such  officer,  clerk,  secretary, 
cashier,  justice  of  the  peace,  or  other  person  authorized  to 
certify  copies  of  any  papers,  entries,  records  or  ordinances, 
shall  knowingly  make  a false  certificate,  he  shall  be  punish- 
able in  the  same  manner  as  if  he  were  guilty  of  perjury. 


1.  Where  a person  votes  at  an  election  without  having  been  registered,  and 
without  any  proof  of  right,  if  it  does  not  appear  he  was  challenged,  or  any 
objection  made  to  his  voting,  the  presumption  is  that  he  was  a legal  voter, 
and  so  known  to  the  judges  of  the  election.  Dale  vs,  Irwin,  78  111..  172. 


THE  CITY  OF  SPRINGFIELD. 


103 


Houses  of  Ill-Fame. 


AN  ACT  to  prevent  the  licensing  of  houses  of  ill-fame,  and  the  oiHcial  inspec- 
tion or  medical  examination  of  the  inmates  thereof,  in  the  incorporated 
cities,  towns  and  villages  of  this  State.  [Approved  and  in  force  Match  27, 
1874.1 

2^9.  Licensing  and  medical  inspection  .forbidden.]  § 1. 
Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  it  shall  be  unlawful  for  the 
corporate  authorities  of  any  city,  town  or  village  in  this 
State  to  grant  a license  to  any  person,  male  or  female,  to 
keep  what  is  known  as  a house  of  ill-fame  or  house  of  pros- 
titution. And  it  shall  be  unlawful  for  any  board  of  health 
(or  any  member  or  employe  of  the  same)  now  existing,  or 
which  may  hereafter  exist  under  the  laws  of  this  State,  to 
interfere  in  the  management  of  any  house  of  ill-fame  or 
house  of  prostitution,  or  to  provide  in  any  manner  for  the 
medical  inspection  or  examination  of  any  inmate  of  the  same. 

250.  Emergency.]  § 2.  Whereas,  the  legislative  author- 
ities of  certain  cities  in  this  State  are  about  to  license  houses 
of  ill-fame,  therefore  an  emergency  exists  why  this  act  should 
take  effect  immediately;  therefore,  this  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


Insurance  Companies. 


AN  ACT  to  amend  section  thirty  ^30)  of  an  act  entitled  “An  act  to  incorporate 
and  to  govern  fire,  marine  and  inland  navigation  insurance  companies, 
doing  business  in  the  State  of  Illinois,”  approved  March  11, 1869.  [Approved 
May  31,  1879.  In  force  July  1, 1879.1 

Be  it  enacted  by  the  People  of  the  State  of  rtlinois,  repre- 
sented in  the  General  Assembly,  That  section  thirty  (30)  of 
an  act  entitled  “An  act  to  incorporate  and  to  govern  fire, 
marine  and  inland  navigation  insurance  companies,  doing 
business  in  the  State  of  Illinois,”  approved  March  11,  1869, 
be  and  the  same  is  hereby  so  amended  as  to  read  as  follows : 

251.  Tax  on  net  receipts.]  § 30.  Every  agent  of  any 
insurance  company,  incorporated  by  authority  of  any  other 
State  or  government,  shall  return  to  the  proper  officer  of  the 
county,  town  or  municipality  in  which  the  agency  is  estab- 
lished, in  the  month  of  May  annually,  the  'amount  of  the 
net  receipts  of  such  agency  for  the  preceding  year,  which 
shall  be  entered  on  the  tax  lists  of  the  county,  town  and 
municipality,  and  subject  to  the  same  rate  of  taxation,  for 
all  purposes — State,  county,  town  and  municipal — that  other 
personal  property  is  subject  to  at  the  place  where  located; 


104 


STATUTES  KELATING  TO 


said  tax  to  be  in  lieu  of  all  town  and  municipal  licenses; 
and  all  laws  and  parts  of  laws  inconsistent  herewith  are 
hereby  repealed : Provided,  that  the  provisions  of  this  sec- 
tion shall  not  be  construed  to  prohibit  cities  having  an 
organized  fire  department  from  levying  a tax,  or  license  fee, 
not  exceeding  two  per  cent.,  in  accordance  with  the  provi- 
sions of  their  respective  charters,  on  the  gross  receipts  of 
such  agency,  to  be  applied  exclusively  to  the  support  of  the 
fire  department  of  such  city. 


Issuing  Warrants  upon  Treasurer. 

AN  ACT  to  provide  for  the  manner  of  issuing  warrants  upon  the  treasurer  of 

any  county,  township,  city,  school  district  or  other  municipal  corporation. 

[Approved  May  31, 1879,  in  force  July  1, 1879.1 

252.  When  warrants  may  he  draivn.]  § 1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  Gen- 
eral Assembly,  That  warrants,  payable  on  demand,  shall  here- 
after be  drawn  and  issued  upon  the  Treasurer  of  this  State 
or  of  any  county,  township,  city,  school  district  or  other 
municipal  corporation,  or  against  any  funds  in  his  hands, 
only  when,  at  the  time  of  the  drawing  and  issuing  of  such 
warrants,  there  shall  be  sufficient  money  in  the  appropriate 
fund  in  the  treasury  to  pay  said  warrants. 

253.  Issued  in  anticipation  oj  taxes.}  § 2.  That  when- 
ever there  is  no  money  in  the  treasury  of  any  county,  town- 
ship, city,  school  district,  or  other  municipal  corporation,  to 
meet  and  defray  the  ordinary  and  necessary  expenses  thereof, 
it  shall  be  lawful  for  the  proper  authorities  of  any  county, 
township,  city,  school  district,  or  other  municipal  corpora- 
tion, to  provide  that  warrants  may  be  drawn  and  issued 
against,  and  in  anticipation  of,  the  collection  of  any  taxes 
already  levied  by  said  authorities  for  the  payment  of  the 
ordinary  and  necessary  expenses  of  any  such  municipal  cor- 
poration, to  the  extent  of  seventy-five  per  centum  of  the  total 
amount  of  any  said  tax  levy.  Provided,  that  warrants  drawn 
and  issued  under  the  provisions  of  this  section,  shall  show 
upon  their  face  that  they  are  payable  solely  from  said  taxes 
when  collected,  and  not  otherwise,  and  shall  be  received  by 
any  collector  of  taxes  in  payment  of  the  taxes  against  which 
they  are  issued,  and  which  taxes,  against  which  said  warrants 
are  drawn,  shall  be  set  apart  and  held  for  their  payment. 

254.  Jurors  certificates.}  § 3.  All  jurors  certificates  shall 
hereafter  be  issued  in  conformity  with  the  provisions  of  this 
act. 


THE  CITY  OF  SPRINGFIELD. 


105 


Jurisdiction  of  Justices. 


AN  A('T  to  provide  for  the  election  and  qualification  of  justices  of  the  peace 
and  constables,  and  to  provide  for  the  jurisdiction  and  practice  of  justices 
of  the  peace  in  civil  cases,  etc.  [Approved  April  1, 1872,  in  force  July  1, 1872.1 

* * Mfr  ' ^ * * * * 

255.  Ordinmices.]  § 14.  Justices  of  the  peace  shall  have 
jurisdiction  in  all  cases  for  violations  of  the  ordinances  of 
cities,  towns  or  villages.  [See  ante,  § 70. 


Marketing  Products. 


AN  ACT  for  the  Tprotection  of  farmers,  fruit  growers,  vine  growers  and  gar- 
deners. [Approved  January  13, 1872,  in  force  July  1,  1872.1 

256.  Farmers,  etc,,  may  sell  products  ivithout  license .]  § 1. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  every  farmer,  fruit  and  vine 
grower,  and  gardener,  shall  have  an  undisputed  right  to  sell 
the  produce  of  his  farm,  orchard,  vineyard  and  garden  in 
any  place  or  market  where  such  articles  are  usually  sold, 
and  in  any  quantity  he  may  think  proper,  without  paying 
any  State,  county  or  city  tax,  or  license,  for  doing  so,  any 
law,  city  or  town  ordinance  to  the  contrary  notwithstanding  : 
Provided,  that  the  corporate  authorities  of  any  such  city, 
town  or  village  may  prohibit  the  obstruction  of  its  streets, 
alleys  and  public  places  for  any  such  purpose : . And  pro- 
vided further,  that  nothing  in  this  act  shall  be  construed  as 
to  authorize  the  sale  of  spirituous,  vinous  or  malt  liquors, 
contrary  to  laws  which  now  are  or  hereafter  may  be  in 
force  prohibiting  the  sale  thereof. 


Mayors’  Bill. 


AN  ACT  concerning  the  appointment  and  removal  of  city  officers  in  all  cities 
in  this  State,  conferring  additional  powers  and  duties  upon  mayors,  and 
concerning  appropriation  bills  or  ordinances  that  may  be  passed  in  such 
cities.  [Approved  and.  in  force  April  10,  1875.] 

257.  Power  of  mayor  and  council — repeal]  § 1.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly, 

[Section  one  (1)  of  this  act  repealed  by  act  approved 
May  28,  1879.] 


106 


STATUTES  RELATING  TO 


258.  Approval  and  veto  of  ordinances.]  § 2.  All  ordi- 
nances passed  by  the  city  council  shall,  before  they  take 
effect,  be  deposited  in  the  office  of  the  city  clerk,  and  if  the 
mayor  approves  thereof,  he  shall  sign  the  same,  and  such 
as  he  shall  not  approve  he  shall  return  to  the  council,  with 
his  objections  thereto,  in  writing,  at  the  next  regular  meet- 
ing of  the  council  occurring  not  less  than  five  days  after 
the  passage  thereof.  Such  veto  may  extend  to  any  one  or 
more  items  or  appropriations  contained  in  any  ordinance, 
and  in  case  the  veto  only  extends  to  a part  of  such  ordi- 
nance, the  residue  thereof  shall  take  effect  and  be  in  force ; 
but  in  case  the  mayor  shall  fail  to  return  any  ordinance 
with  his  objections  thereto,  by  the  time  aforesaid,  he  shall 
be  deemed  to  have  approved  such  ordinance,  and  the  same 
shall  take  effect  accordingly. 

259.  Passage  over  mayor's  veto.]  § 3.  Upon  the  return 
of  any  ordinance  by  the  mayor,  the  vote  by  which  the  same 
was  passed  shall  be  reconsidered  by  the  council;  and  if, 
after  such  reconsideration,  two-thirds  of  all  the  members 
elected  to  the  city  council  shall  agree,  by  yeas  and  nays,  to 
pass  the  same,  it  shall  go  into  effect,  notwithstanding  the 
mayor  may  refuse  to  approve  thereof.  The  vote  to  pass 
the  same  over  the  mayor’s  veto  shall  be  taken  by  yeas  and 
nays,  and  entered  on  the  journal. 

260.  Emergency.]  § 4.  Whereas,  the  legislative  author- 
ities in  many  cities  pass  their  appropriation  bills  before  the 
first  day  of  July  next,  and  mayors  have  no  power  to  veto  a 
part  of  such  appropriation  or  ordinance,  wherefore  an 
emergency  exists ; therefore  this  act  shall  take  effect  and  be 
in  force  from  and  after  its  passage.^ 


Officers  of  Cities — Salaries  of. 


AN  ACT  to  enable  the  corporate  authorities  of  cities  to  establish  and  fix  the 
salaries  of  city  officers.  [Approved  and  in  force  April  23. 1873.1 

261.  When  to  he  fixed — not  changed  during  term.]  § 1. 
Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  It  shall  and  may  be  lawful  for  the 
common  council  or  legislative  authority  of  any  city  in  this 
State  to  establish  and  fix  the  amount  of  salary  to  be  paid 
any  and  all  city  officers,  as  the  case  may  be,  except  mem- 
bers of  such  legislative  body,  in  the  annual  appropriation 


1,  This  act  is  held  to  be  constitutional.  Wright  vs.  People,  70  111.,  388. 


THE  CITY  OF  SPRINGFIELD. 


107 


bill  or  ordinance  made  for  the  purpose  of  providing  for  the 
annual  expenses  of  any  such  city,  or  by  sorne  ordinance 
prior  to  the  passage  of  such  annual  appropriation  bill  or 
ordinance ; and  the  salaries  or  compensation  thus  fixed  or 
established,  shall  neither  be  increased  nor  diminished  by  the 
said  common  council  or  legislative  authority  of  any  such 
city,  after  the  passage  of  said  annual  appropriation  bill  or 
ordinance,  during  the  year  for  which  such  appropriation  is 
made,  and  no  extra  compensation  shall  ever  be  allowed  to 
any  such  officer  or  employe  over  and  above  that  provided 
in  manner  aforesaid.  [See  ante,  §§  85,  86. 

262.  Emergency.]  § 2.  Whereas,  the  corporate  authori- 
ties of  certain  cities  in"  this  State  have  no  power  to  estab- 
lish or  fix  the  salaries  of  their  city  officers  in  certain  cases, 
whereby  an  emergency  exists  requiring  this  act  to  take  effect 
immediately;  therefore,  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


Officers — Corrupt  Practices  of. 

AN  ACT  to  prevent  fraudulent  and  corrupt  practices  in  the  making  or  accept- 
ing of  official  appointments  and  contracts  by  public  officers.  [Approved 
April  9, 1872.  In  force  July  1, 1872.1 

263.  Supervisor  — county  commissioner.]  §.  1.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  it  shall  be  and  is  hereby  declared 
unlawful  for  any  supervisor  or  county  commissioner,  during 
the  term  of  office  for  which  he  is  elected,  to  be  appointed 
to,  accept  or  hold  any  office,  by  appointment  or  election  of 
the  board  of  which  he  may  be  a member;  and  any  and  all 
appointments  and  elections  by  the  board  of  supervisors  or 
county  commissioners,  whereby  any  member  or  members  of 
said  board,  or  either  of  them,  may  be  selected  to  fill  any 
official  position,  shall  be  absolutely  null  and  void. 

264.  Aldermen  of  cities — trustees  of  villages.]  § 2.  That 
it  shall  be  and  is  hereby  declared  unlawful  for  any  alderman 
of  any  city,  or  member  of  the  board  of  trustees  of  any  vil- 
lage of  this  State,  during  the  term  of  office  for  which  he  is 
elected,  to  accept  or  be  appointed  to,  or  hold  any  office,  by 
appointment  of  the  mayor  or  president  of  the  board  of 
trustees  thereof;  and  any  and  all  such  election  or  appoint- 
ment shall  be  absolutely  null  and  void. 

• 

265.  Not  to  be  interested  in  contracts — not  to  act  as  attor- 
ney  to  procure — bribery.]  § 3.  It  shall  not  be  lawful  for  any 
person  now  or  hereafter  holding  any  office,  either  by  election 


108 


STATUTES  RELATING  TO 


or  appointment,  under  the  constitution  of  this  State,  to  be- 
come in  any  manner  interested,  either  directly  or  indirectly, 
in  his  own  name  or  in  the  name  of  any  other  person  or  corpora- 
tion, in  any  contract,  or  the  performance  of  any  work  in  the 
making  or  letting  of  which  /Such  officer  may  be  called  upon  to 
act  or  vote.  And  it  shall  not  be  lawful  for  any  such  officer  to 
represent,  either  as  agent  or  otherwise,  any  person,  company 
or  corporation,  in  respect  of  any  application  or  bid  for  any 
contract  or  work  in  regard  to  which  such  officer  may  be 
called  upon  to  vote.  Nor  shall  any  such  officer  take  or 
receive,  or  offer  to  take  or  receive,  either  directly  or  indi- 
rectly, any  money  or  other  thing  of  value,  as  a gift  or  bribe, 
or  a means  of  influencing  his  vote  or  action  in  his  official 
character ; and  any  and  all  contracts  made  and  procured  in 
violation  hereof  shall  be  null  and  void. 

266.  Penalty, ^ § 4.  Any  alderman,  member  of  a board 

of  trustees,  supervisor  or  county  commissioner,  or  person 
now  or  hereafter  holding  any  office,  either  by  election  or 
appointment,  under  the  constitution  of  this  State,  or  any 
law  now  or  hereafter  in  force  in  this  State,  who  shall  violate 
any  of  the  provisions  of  the  preceding  sections,  shall  be 
deemed  guilty  of  a misdemeanor,  and,  on  conviction  thereof, 
may  be  punished  by  confinement  in  the  penitentiary  for  a 
term  of  not  less  than  one  year  nor  more  than  five  years,  or 
fined  in  a sum  not  less  than  $200  nor  more  than  $1,000,  or 
both,  in  the  discretion  of  the  court  before  which  such  conviction 
shall  be  had;  and,  in  addition  thereto,  any  office  or  official 
position  held  by  any  person  or  persons  so  convicted  shall, 
by  the  fact  of  such  conviction,  become  vacant,  and  shall  be 
so  declared  as  part  of  the  judgment  of  the  court;  and  the 
person  or  persons  so  convicted  shall  be  disqualified  from 
holding  any  office  or  position  of  trust  and  confidence  in  this 
State  for  the  period  of  two  years  from  and  after  the  date  of 
such  conviction. 


Officers — Eesignations  and  Vacancies. 


AN  ACT  in  regard  to  elections,  and  to  provide  for  filling  vacancies  in  elective 
offices.  [Approved  April  3, 1872.  In  force  July  1, 1872.1 

267.  Of  elective  offices.']  § 124.®  Eesignations  of  elective 
offices  shall  be  made  to  the  officer,  court  or  county  board 
authorized  by  law  to  fill  a vacancy  in  such  office  by  appoint- 
ment, or  to  order  an  election  to  fill  such  vacancy. 


THE  CITY  OF  SPRINGFIELD. 


109 


268.  When  office  to  become  vacant.]  § 125.  Every  elective 
office  shall  become  vacant  on  the  happening  of  either  of  the 
following  events  before  the  expiration  of  the  term  of  such 
office : 

First — The  death  of  the  incumbent. 

Second — His  resignation.^ 

Third — His  becoming  insane. 

Fourth — His  ceasing  to  be  an  inhabitant  of  the  State ; or, 
if  the  office  is  local,  his  ceasing  to  be  an  inhabitant  of  the 
district,  county,  town  or  precinct  for  which  he  was  elected. 

Fifth — His  conviction  of  an  infamous  crime,  or  of  an 
offense  involving  a violation  of  official  oath. 

Sixth— His  removal  from  office. 

Seventh — His  refusal  or  neglect  to  take  his  oath  of  office, 
or  to  give  or  renew  his  official  bond,  or  to  deposit  or  file 
such  oath  or  bond  within  the  time  prescribed  by  law. 

Eighth— The  decision  of  a competent  tribunal  declaring 
his  election  void. 

269.  Who  may  determine  ivhen  vacancy  exists.]  ^ § 126. 
Whenever  it  is  alleged  that  a vacancy  in  any  office  exists,  the 
officer,  court  or  county  board,  whose  duty  it  is  to  fill  the 
vacancy  by  appointment,  or  to  order  an  election  to  fill  such 
vacancy,  shall  have  power  to  determine  whether  or  not  the 
facts  occasioning  such  vacancy  exist. 


Oil  Inspection. 


AN  ACT  to  revise  the  law  in  relation  to  oil  inspection.  [Approved  March  12, 
1874.  In  force  July  1,  1874.1 

270.  Appointment  of  inspectors — term  of  office — deputies.] 
§ 1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  the  mayor  of  any 
city,  with  the  approval  of  the  city  council  and  the  board  of 
trustees  of  any  village  or  town,  may,  and  on  the  petition  of 
any  five  inhabitants  thereof,  shall,  appoint  one  or  more 
inspectors  for  the  inspection  of  coal  oil,  naptha,  gasoline, 
benzine  and  other  mineral  oils  or  fluids,  the  product  of 
petroleum,  and  fix  their  compensation,  to  be  paid  by  the 
party  requiring  their  services.  Every  such  inspector  shall 
hold  his  office  for  one  year,  and  until  his  successor  is  ap- 
pointed and  qualified,  unless  sooner  removed  from  office. 


1.  A resignation  received  and  filed  cannot  be  recalled  by  the  officer. 
Pace  vs.  People,  50  111.,  432. 


110 


STATUTES  RELATING  TO 


He  may  appoint  deputies,  for  whom  he  shall  be  responsible, 
and  who  shall  take  the  same  oath  and  be  liable  to  the  same 
penalties  as  the  inspector. 

271.  Oath — bond — suit  on.]  § 2.  Every  such  inspector, 
before  entering  upon  the  duties  of  his  office,  shall  take  and 
subscribe  the  following  oath: 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be.)  that  I will  support  the 
Constitution  of  the  United  States^and  the  (Constitution  of  the  State  of  Illinois', 
and  that  I will  faithfully  discharge  the  duties  of  the  office  of  oil  inspector 
according  to  the  best  of  my  ability. 

He  shall  also  execute  a bond  payable  to  the  people  of  the 
State,  in  such  sum  as  shall  be  required  by  the  city  council 
or  board  of  trustees,  conditioned  for  the  faithful  discharge 
of  the  duties  of  his  office.  Any  person  aggrieved  by  the 
misconduct  or  neglect  of  such  inspector  may  maintain  suit 
thereon  for  his  own  use. 

272.  Inspector  to  test.]  § 3.  Upon  the  application  of 
any  manufacturer,  refiner  or  producer  of,  or  any  dealer  in, 
any  such  oil  or  fluid,  or  of  any  officer  or  person  to  test  any 
such  oil  or  fluid,  such  inspector  shall  test  the  same  with  all 
reasonable  dispatch  by  applying  the  fire  test,  as  indicated 
and  determined  by  J.  Tagliabue’s  pyrometer,  or  some  other 
instrument  or  means  equally  accurate,  with  which  he  shall 
have  provided  himself  at  his  own  expense. 

278.  Test — casks  marked — inspector  not  to  trade  in  oil.] 
§ 4.  if  the  oils  or  fluids  so  tested  will  not  ignite  or  explode 
at  a temperature  less  than  one  hundred  and  fifty  degrees 
Farenheit,  the  inspector  shall  mark  plainly  and  indelibly, 
on  each  cask,  barrel  or  package  “Approved,  fire  test  being 
but  if  said  oils  or  fluids  will  ignite  at  a tempera- 
ture less  than  one  hundred  and  fifty  degrees  Fahrenheit,  as 
aforesaid,  then  the  inspector  shall  mark  on  each  cask,  bar- 
rel or  package  “Condemned  for  illuminating  purposes;  fife 

test  being .”  Said  inspector,  while  in  office,  shall  not 

buy,  sell,  bargain  or  trade,  directly  or  indirectly,  in  any  of 
the  said  oils  or  fluids. 

274.  Record  kept,  and  open  for  examination.]  § 5.  He 
shall  also,  within  twenty-four  hours  after  making  any  inspec- 
tion, make  a full  and  fair  entry  thereof  in  a record  book  to 
be  kept  for  that  purpose,  which  shall  be  open  to  all  persons 
wishing  to  examine  the  same. 

275.  Penalty  for  misconduct  in  office.]  § 6.  Any  such 
inspector  or  deputy  who  shall  falsely  brand  any  package, 
cask  or  barrel,  or  be  guilty  of  any  fraud,  deceit,  misconduct 
or  culpable  negligence  in  the  performance  of  any  of  his 
official  duties,  shall  be  fined  not  exceeding  $200,  and  be 
liable  to  the  party  injured  for  all  damages  occasioned  thereby. 


THE  CITY  OF  SPRINGFIELD. 


Ill 


276.  Penalty  for  neglect  to  give  notice  of,  or  selling  oil  not 
inspected — counterfeit  brands,  etc.]  § 7.  Any  manufacturer, 
reliner  or  producer  of,  or  dealer  in  coal  oil,  naptha,  gaso- 
line, benzine  or  other  mineral  oil  or  fluid,  the  product  of  petro- 
leum, in  any  city,  village  or  town  in  which  such  inspector  is 
appointed,  who  shall  neglect  to  give  notice  to  such  inspec- 
tor, of  any  such  oil  or  fluid  in  his  possession  not  already 
inspected  by  some  authorized  inspector  of  this  State,  within 
two  days  after  the  same  is  made  or  refined  by  him  or  re- 
ceived into  his  possession,  or  shall  offer  any  such  oil  or  fluid 
tor  sale  before  the  same  has  been  so  inspected,  or  shall  sell 
or  attempt  to  sell  to  any  person,  for  illuminating  purposes, 
any  such  oil  which  is  below  the  approved  standard — that  is, 
having  igniting  point  less  than  one  hundred  and  fifty  degrees 
Fahrenheit,  as  indicated  and  determined  in  the  manner 
herein  provided,  or  shall  use  any  package,  cask,  barrel  or 
other  thing  having  the  inspection  brand  thereon,  the  oil  or 
fluid  therein  not  having  been  inspected,  or  shall  counterfeit 
any  brand,  shall  be  fined  not  exceeding  $200,  and  be  liable 
to  the  party  injured  for  all  damages  occasioned  thereby,  and 
all  the  casks,  barrels  or  packages  so  falsely  used,  and  their 
contents,  shall  be  forfeited,  and  may  be  seized  and  sold. 

277.  Fines — hoiv  recovered  and  disposed  of.]  § 8.  The 
fines  herein  provided  may  be  recovered  in  the  name  of  the 
people  of  the  State  of  Illinois,  before  any  justice  of  the  peace 
of  the  county  where  the  offense  is  committed,  and  when  col- 
lected, one-half  shall  be  paid  to  the  informer,  and  the  other 
half  and  the  proceeds  of  the  sale  of  all  casks,  barrels  and 
packages,  and  the  contents  thereof  seized,  as  herein  pro- 
vided, shall  be  paid  into  the  city,  village  or  town  treasury. 


Organization  of  Towns  by  County  Boards. 

AN  ACT  to  authorize  county  boards,  in  counties  under  township  organization, 
to  organize  certain  territory  situated  therein  as  a town.  [Approved  May 
23, 1877.  In  force  July  1, 1877.J 

278.  Territory  of  city  organized  as  a toivn.]  § 1.  Be  it 
enacted  by  the  Peoj)le  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  the  county  board,  in  any  county 
under  township  organization,  may  provide  that  the  territory 
embraced  within  any  city  in  such  county  shall  be  organized 
us  a town:  Provided,  such  territory  shall  have  a population 
of  not  less  than  three  thousand : And,  provided,  the  city 
council  in  such  city  shall  by  resolution  request  such  action 
by  the  county  board. 


112 


STATUTES  EELATING  TO 


279.  Town  in  city,]  § 2.  The  territory  of  any  city  now 
organized  within  the  limits  of  any  county  under  township 
organization,  and  not  situated  within  any  town,  shall  be 
deemed  to  be  a town. 

280.  Election  of  officers.]  § 3.  All  town  officers  within 
any  town  organized  as  aforesaid,  shall  be  elected  at  the 
annual  charter  election  of  such  city.  All  general  elections 
held  m such  city  and  town  shall  be  held  at  the  same  voting 
places  as  the  city  elections,  with  judges  and  clerks  appointed 
in  like  manner  as  for  city  elections. 

281.  Powers  exercised  hy  council.]  § 4.  The  powers  vested 
in  such  towns  shall  be  exercised  by  the  city  council. 

282.  What  city  council  may  provide.]  § 5.  The  city 
council  in  such  city  and  town  may,  by  ordinance,  provide 
that  the  offices  of  city  and  town  clerk  shall  be  united  in 
the  same  person ; that  the  election  of  highway  commissioners 
shall  be  discontinued ; that  the  offices  of  supervisor  and  poor- 
master  shall  be  separated,  and  the  poor-master  appointed  by 
the  city  council. 

283.  May  regidate  the  number  of  justices^  etc.]  § 6.  The 
city  council  in  such  city  and  town  may,  from  time  to  time, 
regulate  the  number  of  justices  of  the  peace,  police  magis- 
trates and  constables  to  be  elected  within  such  city  and 
town;  but  the  number  elected  to  either  of  said  offices  shall 
not  exceed  the  number  allowed  by  law  to  other  towns  of 
like  population. 

284.  Vacancies  in  town  offices.]  § 7.  Vacancies  in  any 
of  the  town  offices  within  such  city  and  town  may  be  filled 
by  the  city  council. 


ORGANIZATION  OF  CAPITAL  TOWNSHIP  UNDER  THE  ABOVE  ACT. 


The  action  of  the  Board  of  Supervisors  of  Sangatron  county,  for  organizing 
the  town  of  Capital,  is  shown  by  the  following  extract  from  the  published  pro- 
ceedings of  said  board: 

“Wednesday,  March  6, 1878. 

“Board  of  supervisors  met  pursuant  to  adjournment,  Mr.  Tracy  in  the  chair. 

? ' 

“Mr.  Warren,  from  the  committee  on  judiciary,  made  the  following  report: 


"To  the  Board  of  Supervisors  of  Sangamon  county: 

“Your  committee  on  judiciary,  to  whom  was  referred  the  request  of  the  city 
council  of  the  city  of  Springfield  Lbearing  date  September  17, 1877J.  that  the  board 
proceed  to  organize  the  territory  comprised  within  the  city  of  Springfield,  hav- 
ing had  the  same  under  consideration,  beg  leave  to  report  the  same  back,  and 
recommend  that  the  request  be  granted;  and  that  a new  town  be  organized 
under  the  name  of  Capital,  to  be  composed  of  all  the  territory  within  the  limits 
of  the  city  of  Springfield. 

“W.  M.  Warren,  Chairman. 


“Report  adopted,  and  clerk  ordered  to  certify  the  name  of  the  new  town  to 
the  proper  authorities.” 


THE  CITY  OF  SPRINGFIELD. 


11^ 


Plats  to  be  Recorded,  etc. 

AN  ACT  to  revise  the  law  in  relation  to  plats.  [Approved  March  21,  1874.  In 

force  July  1, 1874.1 

^ ^ * * * 

285.  Plats  of  highivays,  etc.,  to  he  made  and  recorded.] 
§ 9.  Whenever  any  highway,  road,  street,  alley,  public 
ground,  toll-road,  railroad  or  canal  is  laid  out,  located, 
opened,  widened  or  extended,  or  the  location  thereof  altered, 
it  shall  be  the  duty  of  the  commissioners,  authorities, 
officers,  persons  or  corporations,  public  or  private,  laying 
out,  locating,  opening,  widening,  extending  or  altering  the 
same,  to  cause  a plat  thereof,  showing  the  width,  courses 
and  extent  thereof,  and  making  such  reference  to  known 
and  established  corners  or  monuments  that  the  location 
thereof  may  be  ascertained,  to  be  made  and  recorded  in 
the  office  of  the  recorder  of  the  county  in  which  the  prem- 
ises taken  or  used  for  the  same,  or  any  part  thereof,  are 
situated,  within  six  months  after  such  highway,  road,  street, 
alley,  public  ground,  toll-road,  railroad  or  canal  is  laid  out, 
located,  opened,  widened  or  extended,  or  the  location  thereof 
altered;  and  when  any  highway,  road,  street,  alley,  public 
ground,  toll-road,  railroad  or  canal  is  located,  the  order, 
ordinance  or  other  declaration  vacating  the  same  shall  be  in 
like  manner  recorded.  This  act  shall  not  be  construed  to 
alter  or  affect  any  law  specifically  providing  for  the  record- 
ing of  any  such  plat,  or  to  require  the  same  to  be  recorded 
sooner  than  is  so  specifically  provided,  except  that  any  re- 
quirements to  record  such  plat  in  any  other  place  than  is 
provided  herein  shall  not  excuse  the  parties  from  complying 
with  this  act.  Whoever  shall  refuse  or  neglect  to  comply 
with  this  section  shall  forfeit  $25,  and  the  like  sum  for  every 
month  he  shall  continue  in  such  refusal  or  neglect  after 
conviction  therefor,  to  be  recovered  before  any  justice  of  the 
peace  of  the  county,  in  the  name  of  the  county,  one-half  to 
the  use  of  the  county,  and  the  other  half  to  the  use  of  the 
person  complaining. 

286.  Prosecuting  offenders.]  § 10.  Whenever  it  shall 
come  to  the  knowledge  of  the  recorder  of  deeds  of  any  county 
that  any  of  the  provisions  of  this  act  have  been  violated,  it 
shall  be  his  duty  to  notify  the  State’s  attorney  of  the  fact, 
and  the  State’s  attorney  shall  immediately  institute  suit,  and 
prosecute  the  same  to  final  judgment  against  the  person 
offending.^ 


1.  The  law  relating  to  making  and  recording  town  plats  has  been  in  force 
since  January  4, 1825.  [R.  L.  of  1829,  184. 

—8 


114 


STATUTES  RELATING  TO 


Police  Magistrates. 

AN  ACT  to  authorize  the  election  of  police  magistrates  in  towns,  cities  and 
villages  where  the  same  are  not  now  provided  for  b j'  law.  [Approved  and  in 
force  April  13, 1875.1 

287.  Election  and  term  of  office — jurisdiction,]  § 1. 
Be  it  enacted  by  the  People  of  the  /State  of  Illinois,  represented 
in  the  General  Assembly,  That  all  towns,  cities  and  villages 
in  the  State  which  have  been  incorporated  under  charters 
granted  by  special  acts,  or  under  a general  act,  when  the 
law  under  which  they  are  incorporated  does  not  authorize 
the  election  of  a police  magistrate,  be  and  the  same  are 
hereby  authorized  to  elect  one  police  magistrate  at  the  first 
annual  election  of  town,  city  or  village  officers  that  shall 
occur  after  the  passage  of  this  act,  and  quadrennially  there- 
after. Such  police  magistrates  shall  hold  their  offices  for 
the  same  term,  be  commissioned  and  qualified,  and  have 
the  same  jurisdiction  and  fees  as  police  magistrates  of 
villages  have  under  the  general  law  for  the  incorporation  of 
cities  and  villages. 

288.  Emergency.]  § 2.  As  the  first  annual  election  of 
town,  city  and  village  offcers  in  many  of  the  towns,  cities 
and  villages  in  this  State,  by  this  act  authorized  to  elect  a 
police  magistrate,  will  occur  before  the  first  day  of  July 
next,  after  the  adjournment  of  this  General  Assembly,  there- 
lore  an  emergency  exists,  requiring  this  act  to  take  effect 
immediately;  therefore,  this  act  shall  take  effect  and  be  in 
lorce  from  and  after  its  passage : Provided,  that  the  election 
for  police  magistrates  in  cities  that  have  one  or  more  police 
magistrates  elected  under  a former  organization  as  a town 
or  city,  shall  not  be  held  until  the  term  for  which  said 
police  magistrate  or  magistrates  were  elected  has  expired. 


Police  and  Firemen’s  Belief  Funds. 


AN  ACT  to  amend  “An  act  for  the  relief  of  disabled  members  of  the  police  and 
fire  departments  in  cities  and  villages,”  approved  May  24, 1877;  in  force  July 
1,  1877.  [Approved  May  10, 1870.  In  force  July  1,  1879.1 

Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly,  That  “an  act  for  the  relief 
of  disabled  members  of  the  police  and  fire  departments  in 
cities  and  villages,”  approved  May  24,  1877,  in  force  July  1, 
1877,  be  amended  to  read  as  follows : 

289.  How  fund  created.]  § 1.  That  one-half  of  all  the 
rates,  taxes  and  license  fees  which  are,  or  may  hereafter  be 


THE  CITY  OF  SPRINGFIELD. 


115 


required  by  law,  to  be  paid  by  corporations,  companies  or 
associations  not  incorporated  under  the  laws  of  this  State, 
engaged  in  any  village  or  city  in  this  State  affecting  fire 
insurance,  and  one-fourth  of  all  moneys  ^ collected  as  a tax 
on  dogs,  where  such  city  or  village  contains  a population  of 
10,000  or  more,  has  a regularly  organized  fire  department, 
by  such  city  or  village,  and  all  moneys  received  from  fines 
inflicted  upon  members  of  the  police  and  fire  departments 
for  a violation  of  the  rules  and  regulations  of  the  service, 
and  all  fines  recovered  for  violation  of  the  fire  ordinances, 
and  all  moneys  accruing  from  the  sale  of  unclaimed  stolen 
property,  shall  be  set  apart  by  the  treasurer  of  the  city  or 
village  to  whom  the  same  shall  be  paid,  as  a fund  for  the 
relief  of  disabled  members  of  the  police  and  fire  departments 
of  such  city  or  village.  [As  amended  by  act  approved  June 
23,  1883. 

290.  Mayor,  etc.,  trustees  of  fund.]  § 2.  The  mayor  or 
president  of  the  board  of  trustees,  the  superintendent  or 
chief  officer  of  the  police  department,  the  fire  marshal  or 
chief  officer  of  the  fire  department,  and  the  chairman  of  the 
committee  on  police  and  fire  and  water,  of  the  city  council 
or  board  of  trustees  of  the  city  or  village,  with  the  comp- 
troller (if  there  be  one)  or  city  clerk  ,and  treasurer,  shall 
constitute  and  be  a board  by  the  name  of  the  trustees  of 
the  police  and  firemen’s  relief  fund,  and  the  treasurer  of 
the  city  or  village  shall  be  custodian  of  the  funds  of  said 
police  and  firemen’s  relief  fund.  The  said  board  shall  select 
from  their  number  a president  and  secretary. 

291.  Board  to  control  fund.]  § 3.  The  said  board  shall 
have  exclusive  control  and  management  of  the  fund  men- 
tioned in  the  first  section  of  this  act,  and  of  all  money 
donated,  paid,  or  assessed  for  the  relief  of  disabled  police- 
men or  firemen,  and  shall  have  the  power  to  assess  each 
and  every  member  of  the  police  and  fire  department  of  such 
city  or  village,  including  all  such  persons  who,  having  become 
entitled  to  the  benefits  of  this  fund  while  such  members  of 
said  police  and  fire  departments,  have  not  forfeited  their 
rights  to  share  in  such  benefits  after  leaving  such  depart- 
ments, as  hereinafter  provided,  not  to  exceed  the  sum  of  five 
dollars  ($5.00)  per  annum,  which  shall  be  received  and  held 
by  the  treasurer  of  such  relief  fund,  in  like  manner  as  the 
other  moneys  herein  provided,  to  be  paid  to  him ; and  any 
person  who,  having  become  entitled  to  the  benefits  of  this 
fund,  shall  not  within  one  month  after  notice  in  writing  to 
him  from  said  board, ^ of  assessment  against  him,  pay  the 
same,  shall  not  be  entitled  to,  or  receive  any  benefits  secured 
to  him  under  the  provisions  of  this  act,  unless  he  shall 
make  written  application  to  the  trustees  of  the  fund  to 


116 


STATUTES  RELATING  TO 


become  a member  thereof,  and  shall  have,  by  a majority 
vote  of  said  trustees,  been  admitted  to  membership  in  said 
organization,  and  upon  his  making  payment  of  all  delinquent 
assessments  due  by  him  accruing  during  his  membership  in 
such  police  or  fire  department.  The  said  board  may  make 
all  needful  rules  and  regulations  for  its  government  in  the 
discharge  of  its  duties,  and  shall  hear  and  decide  all  appli- 
cations for  relief  under  this  act,  and  its  decisions  on  such 
applications  shall  be  final  and  conclusive,  and  not  subject 
to  review  or  reversal,  except  by  the  board:  Provided,  that 
nothing  herein  contained  shall  render  the  payment  of  any 
sum  of  money  or  annuity  which  may  be  awarded  by  the 
board,  obligatory  on  the  board,  or  chargeable  against  it  as 
a legal  right;  but  the  board  may  at  any  time  in  its  discre- 
tion, order  that  such  sums  of  money  or  annuity  shall  be 
reduced,  or  that  the  payment  of  the  same  shall  not  be  made. 
The  board  shall  cause  to  be  kept  a record  of  all  its  meetings 
and  proceedings. 

292.  Treasurer  to  give  bond  for  fund.']  § 4.  The  treasurer 
of  the  board  shall  be  the  custodian  of  the  fund,  in  the  first 
section  of  this  act  mentioned,  and  of  all  moneys  donated, 
paid,  or  assessed  towards  or  on  account  of  the  relief  fund 
hereby  created,  and  shall  secure  and  safely  keep  the  same, 
subject  to  the  control  and  direction  of  the  board,  and  shall 
keep  his  books  and  accounts  in  such  a manner  as  may  be 
prescribed  by  the  board,  and  the  same  shall  always  be  sub- 
ject to  the  inspection  of  the  board,  or  any  member  thereof. 
The  treasurer  shall,  within  ten  days  after  his  election  or 
appointment,  execute  a bond  to  the  city  or  village,  as  the 
case  may  be,  with  good  and  sufficient  securities,  in  such 
penal  sum  as  the ‘board  may  direct,  to  be  approved  by  the 
board,  conditional  for  the  faithful  performance  of  the  duties 
of  his  office,  and  that  he  will  safely  keep,  and  well  and  truly 
account  for  all  moneys  and  property  which  may  come  to  his 
hands  as  such  treasurer,  and  that  on  the  expiration  of  his 
term  of  office,  he  will  surrender  and  deliver  over  to  his  suc- 
cessor all  unexpended  moneys  and  property  which  may  have 
come  to  his  hands  as  such  treasurer.  Such  bond  shall  be 
filed  in  the  office  of  the  clerk  of  such  city  or  village,  and  in 
case  of  a breach  of  the  same,  or  the  conditions  thereof,  suit 
may  be  brought  on  the  same,  in  the  name  of  the  city  or 
village,  for  the  use  of  said  board,  or  of  any  person  or  per- 
sons injured  by  such  breach. 

293.  Warrants  drawn  on  treasurer.]  § 5.  It  shall  be  the 
duty  of  the  mayor  and  clerk,  or  the  comptroller,  if  there  be 
one,  and  the  officer  or  officers  of  such  city  or  village,  who 
are  or  may  be  authorized  by  law,  to  draw  warrants  upon  the 
treasurer  of  such  city  or  village,  upon  request  made  in 


THE  CITY  OF  SPRINGFIELD. 


117 


writing  by  said  board,  to  draw  warrants  upon  the  treasurer 
of  such  city  or  village  payable  to  the  treasurer  of  said  board, 
for  the  fund  set  apart  by  such  city  or  village  treasurer,  as 
prescribed  by  the  first  (1)  section  hereof. 

294.  Permanent  disability — death — annuity.']  § 6.  When, 
in  the  judgment  of  the  board,  a sufficient  amount  shall  have 
accumulated  in  said  fund  to  justify  the  application  thereof 
to  the  use  for  which  the  same  is  hereby  created,  if  any 
member  of  the  police  or  fire  departments,  while  in  the  actual 
performance  of  duty,  or  other  person  entitled  to  the  benefits 
of  this  fund,  as  hereinafter  provided,  shall  become  perma- 
nently disabled,  so  as  to  render  proper  his  retirement  from 
membership,  a sum  not  exceeding  six  hundred  dollars  ($600) 
per  annum,  or  such  less  sum  as,  in  the  judgment  of  the 
board,  the  fund  will  justify,  shall  be  paid  to  such  member 
out  of  said  fund;  or  if  any  member,  while  in  the  actual 
discharge  of  duty,  shall  be  killed,  or  shall  die  from  the  im- 
mediate effects  of  an  injury  received  by  him  while  in  such 
discharge  of  duty,  or  shall  die  after  ten  years’  service  in  the 
police  or  fire  departments,  and  shall  leave  a widow,  or  if  no 
widow,  any  child  or  children  under  the  age  of  sixteen  (16)  years, 
a sum  not  exceeding  six  hundred  ($600)  dollars  per  annum, 
or  such  less  sum  as,  in  the  judgment  of  the  board,  the  con- 
dition of  the  fund  will  justify,  shall  be  paid  to  such  widow 
so  long  as  she  shall  remain  unmarried,  or  to  such  child  or 
children  while  under  the  age  of  sixteen  years. 

295.  Who  may  obtain  benefits.]  § 7.  Any  person  who 
shall  have  served  in  either  the  police  or  fire  departments  of 
said  city  or  village  for  the  full  term  of  ten  (10)  years,  and 
shall  have  paid  into  the  fund  hereby  provided  for,  all  as- 
sessments regularly  made  upon  him  by  the  board  of  trustees, 
as  required  by  this  act,  and  the  regulations  of  the  said 
board  of  trustees,  passed  in  pursuance  of  this  act,  and  shall 
have  complied  with  all  the  rules  and  regulations  lawfully 
established  by  the  board  of  trustees,  in  the  same  manner  as 
if  such  person  was  an  active  member  in  said  police  or  fire 
department,  may  continue  his  membership  in  this  organiza- 
tion, and  be  entitled  to  the  benefits  of  this  fund,  after  he 
shall  have  ceased  to  be  a member  in  either  said  police  or 
fire  department,  by  complying  with  all  the  provisions  of  this 
act,  relative  to  the  payment  of  assessments,  etc.,  the  same 
as  prior  to  his  ceasing  to  be  a member  of  said  departments, 
and  the  widow  or  children  of  such  person  shall  be  entitled 
to  all  benefits  hereby  secured  to  other  members  of  this  or- 
ganization. 

296.  How  money  paid  out.]  § 8.  All  moneys  ordered  to  be 
paid  from  said  relief  fund,  to  any  person  or  persons,  shall  be 
paid  by  the  treasurer  of  said  board  only  upon  warrants  signed 


118 


STATUTES  KELATING  TO 


by  the  president  of  the  board  and  countersigned  by  the  sec- 
retary, and  no  warrant  shall  be  drawn  except  by  order  of 
the  board,  duly  entered  in  the  record  of  the  proceedings  of 
the  board.  In  case  the  said  relief  fund,  or  any  part  thereof, 
shall,  by  order  of  the  said  hoard,  or  otherwise,  be  deposited 
in  any  bank,  or  loaned,  all  interest  or  money  which  may 
be  paid,  or  agreed  to  be  paid,  on  account  of  any  such  loan 
or  deposit,  shall  belong  to  and  constitute  a part  of  said 
fund.  Provided,  that  nothing  herein  contained  shall  be  con- 
strued as  authorizing  the  said  treasurer  to  loan  the  said 
fund,  or  any  part  thereof,  unless  so  authorized  by  said  board. 

297.  Repeal.^  § 9.  All  acts  or  parts  of  acts,  or  amend- 
ments thereto,  heretofore  enacted,  and  in  any  manner  con- 
flicting with  the  provisions  of  this  act,  are  hereby  expressly 
repealed. 


Public  Buildings. 


AN  ACT  to  regulate  the  means  of  egress  from  public  buildings.  [Approved 
March  28, 1874,  in  force  July  1, 1874.1 

298.  Doors  to  open  outwards  § 1.  Be  it  enacted  hy  the 
People  of  the  State  of  Illinois,  represented  in  the  General  As- 
sembly, That  all  public  buildings  now  in  process  of  construc- 
tion, or  hereafter  to  be  built  or  constructed,  which  may  or 
shall  be  used  for  churches,  school  houses,  operas,  theatres, 
lecture  rooms,  hotels,  public  meetings,  town  halls,  or  which 
may  or  shall  be  used  for  any  purpose  whereby  a collection 
of  people  may  be  assembled  together  for  religious  worship, 
amusement  or  instruction,  shall  be  so  built  and  constructed 
that  all  doors  leading  from  the  main  hall  or  place  where 
said  collection  of  people  may  be  assembled,  or  from  the 
principal  room  which  may  be  used  for  any  of  the  purposes 
aforesaid,  shall  be  so  swung  upon  their  hinges  and  con- 
structed that  such  doors  shall  open  outward;  aud  that  all 
means  of  egress  for  the  public  from  the  main  hall  or  prin- 
cipal room,  and  from  the  building,  shall  be  by  means  of 
doors  which  shall  open  outwards  from  the  main  hall  or 
building. 

299.  Penalty.]  § 2.  That  any  person  or  persons  who 
shall  fail  or  refuse  to  comply  with  the  provisions  of  this 
act,  shall  be  fined  in  any  sum  not  less  than  $100,  nor  more 
than  $1,000. 

300.  When  public  buildings  may  be  closed.]  § 3.  That 
in  all  cities  having  a population  of  two  thousand  inhabitants. 


THE  CITY  OF  SPRINGFIELD. 


119 


and  upwards,  the  mayor,  or  other  corporate  authorities  of 
said  town  or  city,  shall  be  empowered,  and  he  is  hereby 
authorized,  to  close  and  prohibit  all  public  buildings  here- 
after erected,  from  being  used  in  violation  of  this  act. 


Eailuoads. 


AN  ACT  in  relation  to  fencing  and  operating  railroads.  [Approved  March  31, 
1874,  in  force  July  1, 1874.1 

^ ^ * * * * ^ ^ 

301.  Speed  through  cities,  etc. — damages.]  § 24.  When- 
ever any  railroad  corporation  shall,  by  itself  or  agents,  run 
any  train,  locomotive  engine,  or  car,  at  a greater  rate  of 
speed  in  or  through  the  incorporated  limits  of  any  city,  town 
or  village,  than  is  permitted  by  any  ordinance  of  such  city, 
town  or  village,  such  corporation  shall  be  liable  to  the  per- 
son aggrieved  for  all  damages  done  the  person  or  property 
by  such  train,  locomotive,  engine  or  car ; and  the  same  shall 
be  presumed  to  have  been  done  by  the  negligence  of  said 
corporation,  or  their  agents ; and  in  addition  to  such  pen- 
alties as  may  be  provided  by  such  city,  town  or  village,  the 
person  aggrieved  by  the  violation  of  any  of  the  provisions 
of  this  section,  shall  have  an  action  against  such  corpora- 
tion, so  violating  any  of  the  provisions,  to  recover  a penalty 
of  not  less  than  one  hundred  dollars  ($100)  nor  more  than 
two  hundred  dollars  ($200),  to  be  recovered  in  any  court  of 
competent  jurisdiction;  said  action  to  be  an  action  of  debt, 
in  the  name  of  the  People  of  the  State  of  Illinois,  for  the 
use -of  the  person  aggrieved;  but  the  court  or  jury  trying  the 
case  may  reduce  said  penalty  to  any  sum,  not  less,  how- 
ever, than  fifty  dollars  ($50),  where  the  offence  committed 
by  such  violation  may  appear  not  to  be  malicious  or  willful : 
Provided,  that  no  such  ordinance  shall  limit  the  rate  of 
speed,  in  case  of  passenger  trains,  to  less  than  ten  miles 
per  hour,  nor  in  any  other  case  to  less  than  six  miles  per 
hour.i  [As  amended  by  act  approved  May  22,  1877  ; in  force 
July  1,  1877. 


1.  This  is  held  to  be  a proper  police  regulation.  T.,  P.  & W.  Co.  vs.  Dea- 
con, 63  111.,  91. 

fa)  An  ordinance  miast  be  shown  to  be  in  force  at  the  time  of  accident,  to 
justify  recovery  thereunder.  C.  & A.  R.  R.  Co.  vs.  Engle,  76  111.,  317.  As  to  when 
ordinance  regulating  the  speed  of  trains  is  proper  evidence  on  the  question  of 
negligence.  T.,  W.  & W.  Ry.  Co.  vs.  O’Conner.  77  111.,  392. 

(c)  Recovery  may  be  had  where  animal  is  at  large  contrary  to  ordinance, 
when  the  train  is  running  at  prohibited  speed.  I.  & St.  L.  R.  R.  Co.  vs.  Peyton, 
76  111.,  340. 


120 


STATUTES  RELATING  TO 


302.  Flagmen — skelter,']  § 35.  In  all  cases  where  the 
public  authorities  having  charge  of  any  street  over  which 
there  shall  be  a railroad  crossing,  shall  notify  any  agent  of 
the  corporation  owning,  using  or  operating  such  railroad, 
that  a flagman  is  necessary  at  such  crossing,  it  shall  be  the 
duty  of  such  railroad  company,  within  sixty  days  thereafter, 
to  place  and  retain  a flagman  at  such  crossing,  who  shall 
perform  the  duties  usually  required  of  flagmen ; and  such 
flagman  is  hereby  empowered  to  stop  any  and  all  persons 
from  crossing  a railroad  track,  when,  in  his  opinion,  there 
is  danger  from  approaching  trains  or  locomotive  engines ; 
and  any  railroad  company  refusing  or  neglecting  to  place 
flagmen,  as  required  by  this  section,  shall  be  liable  to  a flne 
of  1 100  per  day  for  every  day  they  shall  neglect  or  refuse 
to  do  so ; and  it  is  hereby  made  the  duty  of  such  public 
authorities  having  charge  of  such  street  to  enforce  the  pay- 
ment of  such  fine,  by  suit,  'in  the  name  of  the  town  or 
municipal  corporation  wherein  such  crossing  shall  be  situate, 
before  any  court  of  competent  jurisdiction  in  the  county,  and 
the  prosecuting  attorney  shall  attend  to  the  prosecution  of 
all  suits  as  directed  by  said  public  authorities.  All  moneys 
collected  under  the  provisions  of  this  act  shall  be  paid  into 
the  treasury  of  the  town  or  municipal  corporation  in  whose 
name  such  suits  shall  have  been  brought:  Provided,  that 
when  any  railroad  company  is  required  to  keep  a flagman 
at  a crossing,  it  shall  have  the  right  to  erect  and  maintain 
in  the  highway  or  street  crossed  a suitable  house  for  the 
shelter  of  such  flagman,  the  same  to  be  so  located  as  to 
create  the  least  obstruction  to  the  use  of  such  street  or  high- 
way, and  afford  the  best  view  of  the  railroad  track  in  each 
direction  from  such  crossing. 


Ee VENUE. 

AN  ACT  for  the  assessment  of  property  and  for  the  levy  and  collection  of 
taxes.  [Approved  March  30, 1872.  In  force  July  1, 1872.] 

303.  Certificate  of  rates.]  § 122.  The  proper  authorities 
of  towns,  townships,  districts,  and  incorporated  cities,  towns, 
and  villages,  collecting  taxes  under  the  provisions  of  this 
act,  shall  annually,  on  or  before  the  second  Tuesday  in 
August,  certify  to  the  county  clerk  the  several  amounts  which 
they  severally  require  to  be  raised  by  taxation,  anything  in 
their  respective  charters,  or  in  acts  heretofore  passed  by  the 
general  assembly  of  this  State,  to  the  contrary  notwithstanding. 


THE  CITY  OF  SPRINGFIELD. 


121 


304.  Return  of  delinquent  special  assessment.']  § 178. 
When  any  special  assessment  made  by  any  city,  town  or 
village,  pursuant  to  its  charter,  or  by  any  corporate  authori- 
ties, commissioners  or  persons,  pursuant  to  law,  remain 
unpaid  in  whole  or  in  part,  return  thereof  shall  be  made  to 
the  county  collector  on  or  before  the  tenth  day  of  March 
next,  after  the  same  shall  have  become  payable,  in  like  forms 
as  returns  are  made  for  delinquent  land  tax.  County  col- 
lectors shall  collect,  account  for,  and  pay  over  the  same  to 
the  authorities  or  persons  having  authority  to  receive  the 
same,  in  like  manner  as  they  are  required  to  collect,  account 
for  and  pay  over  taxes.  The  county  collector  may,  upon 
return  of  delinquent  special  assessments  to  him,  transfer  the 
amounts  thereof  from  such  returns  to  the  tax  books  in  his 
hands,  setting  down  therein,  opposite  the  respective  tracts, 
or  lots,  in  proper  columns  to  be  prepared  for  that  purpose, 
the  amounts  assessed  against  such  tract  or  lot. 

AN  ACT  in  relation  to  the  collection  of  taxes  and  special  assessments. 

[Approved  and  in  force  May  2. 1873. 

305.  City  may  buy  in  at  sale.]  § 3.  Any  incorporated 
city,  town  or  village,  or  corporate  authorities,  commissioners, 
or  persons  interested  in  any  such  special  assessment  or 
installment  thereof,  may  become  purchaser  at  any  sale,  and 
may  designate  and  appoint  some  officer  or  person  to  attend 
and  bid  at  such  sale  in  its  behalf. 

AN  ACT  in  regard  to  the  assessment  and  collection  of  municipal  taxes. 
[Approved  May  23, 1877.  In  force  July  1,  1877.] 

306.  Hoiv  may  be  assessed  and  collected.]  § 1.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  all  cities,  villages,  and  incorpo- 
rated towns  in  this  State,  whether  organized  under  the 
general  law  or  special  charters,  shall  assess  and  collect  their 
taxes  in  the  manner  provided  for  in  article  eight  (8)  of  the 
act  entitled  “An  act  to  provide  for  the  incorporation  of  cities 
and  villages,”  approved  April  10,  1872,  and  in  the  manner 
provided  for  in  the  general  revenue  laws  of  this  State;  and 
all  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

AN  ACT  in  relation  to  the,  rate  of  taxation  in  cities,  villages  and  incorporated 
towns.  [Approved  and  in  force  May  30,  1881.1  ^ 

307.  Additional  levy  of  one  per  cent,  authorized,  etc.]  § 1. 
Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  all  cities,  villages  and  incor- 


1*  This  act  does  not  appear  to  have  any  application  to  the  city  of  Spring- 


122 


STATUTES  RELATING  TO 


porated  towns  in  this  State  not  now  having,  by  their  respec- 
tive charters,  the  power  to  levy  and  collect  as  high  a rate 
of  taxation  as  is  herein  authorized  and  provided  for,  shall 
hereafter  have  power  to  assess,  levy  and  collect,  annually, 
upon  the  taxable  property  within  their  respective  limits,  for 
all  corporate  purposes,  in  addition  to  all  taxes  which  any 
such  city,  town  or  village  may  now  or  hereafter  be  author- 
ized by  law  to  levy  and  collect  to  support  and  maintain 
schools,  erect  school  buildings  and  for  all  other  school  pur- 
poses, and  to  pay  interest  on  its  registered  bonded  indebt- 
edness, such  an  amount  as  their  respective  corporate  author- 
ities may  prescribe,  not  exceeding  in  any  year  the  rate  of 
one  per  cent,  of  the  assessed  valuation  of  such  taxable 
property  as  equalized  for  the  preceding  year.  And  the  said 
rate  authorized  by  this  act  shall  be  in  lieu  of  all  rates  and 
items  of  taxation  now  provided  and  authorized  in  such 
charters,  for  all  purposes  other  than  for  schools,  the  erection 
of  school  buildings,  and  all  other  school  purposes,  and  for 
paying  interest  on  the  registered  bonded  indebtedness  of  such 
city,  town  or  village./ 

308.  Prior  tax  levies  legalized  and  confirmed.']  § 2.  Every 
tax  levy  made  for  lawful  corporate  purposes  by  any  city, 
village  or  incorporated  town,  within  this  State,  in  the  year 
1880,  up  to  the  rate  of  taxation  above  authorized,  is  hereby 
ratified,  authorized,  legalized  and  confirmed  to  the  same 
effect  in  all  respects  as  though  such  levy  had  been  made 
subsequent  to  the  going  into  effect  of  this  act. 


Schools. 


AN  ACT  to  amend  an  act  entitled  “An  act  to  establish  and  maintain  a system  of 
Free  Schools,”  approved  April  1. 1872;  and  section  forty-seven  of  said  act  as 
amended  by  an  act  approved  May  11, 1877.  [Approved  June  3, 1879.  In  force 
July  1. 1879.] 

309.  District  school  tax — surplus  fund  for  libraries,  etc.] 
§ 43.  Eor  the  purpose  of  establishing  and  supporting  free 
schools  for  not  less  than  five  nor  more  than  nine  months  in 
each  year,  and  defraying  all  the  expenses  of  the  same,  of 
every  description ; for  the  purpose  of  repairing  and  improving 
school  houses ; of  procuring  furniture,  fuel,  libraries  and 
apparatus,  and  for  all  other  necessary  incidental  expenses 
in  each  district,  village  or  city,  anything  in  any  special 
charter  to  the  contrary  notwithstanding,  the  directors  of 
such  district  and  the  authorities  of  such  village  or  city  shall 
be  authorized  to  levy  a tax,  annually,  upon  all  the  taxable 


THE  CITY  OF  SPRINGFIELD. 


123 


property  of  the  district,  village  or  city,  not  to  exceed  two 
per  cent,  for  educational,  and  three  per  cent,  for  building 
purposes,  to  be  ascertained  by  the  last  assessment  for  State 
and  county  taxes.  They  may  also  appropriate  to  the  pur- 
chase of  libraries  and  apparatus,  any  surplus  funds,  after 
all  necessary  school  expenses  are  paid.  And  when  any  school 
district  shall  own  any  personal  property  not  needed  for 
school  purposes,  the  directors  of  such  district  may  sell  such 
property  at  public  or  private  sale,  as  in  their  judgment  will 
be  for  the  best  interest  of  the  district,  and  the  proceeds  of 
such  sale  shall  be  paid  over  to  the  treasurer  of  such  district 
for  the  benefit  of  said  school  district : Provided,  no  such 
sale  shall  be  made  until  the  same,  and  the  manner  and 
terms  thereof,  shall  be  authorized  by  vote  of  the  district. 


AN  ACT  to  protect  colored  children  in  their  rights  to  attend  public  schools. 

[Approved  March  24, 1874.  In  force  July  1, 1874.3 

310.  No  exclusion  for  color.']  § 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  As- 
sembly, That  all  directors  of  schools,  boards  of  education,  or 
other  school  officers  whose  duty  it  now  is,  or  may  be  here- 
after, to  provide,  in  their  respective  jurisdictions,  schools  for 
the  education  of  all  children  between  the  ages  of  six  and 
tweuty-one  years,  are  prohibited  from  excluding,  directly  or 
indirectly,  any  such  child  from  such  school  on  account  of 
the  color  of  such  child. 

311.  Penalty.]  § 2.  Any  such  school  officer  or  officers 
as  are  mentioned  in  the  foregoing  section,  or  any  other 
person,  who  shall  exclude,  or  aid  in  the  exclusion  from  the 
public  schools  any  child  who  is  entitled  to  the  benefits  of 
such  school,  on  account  of  such  child’s  color,  shall  be  fined, 
upon  conviction,  in  any  sum,  not  less  than  $5  nor  more 
than  $100  each,  for  every  such  offense. 


AN  ACT  to  provide  for  the  appointment  of  school  directors  and  members  of  the 
board  of  education  in  certain  cases.  [Approved  March  29, 1879.  In  force 
July  1, 1879.3 

312.  School  directors.]  § 1.  Be  it  enacted  by  the  Peo- 
ple of  the  State  of  Illinois,  represented  in  the  General  As- 
sembly, That  in  all  cases  whereby  the  provisions  of  any 
general  or  special  law  of  this  State  heretofore  passed,  the 
members  of  the  common  council  of  any  city  have  been  made 
ex-officio  school  directors,  or  members  of  the  board  of  edu- 
cation in  and  for  the  school  district  of  which  the  said  city 
shall  constitute  the  whole  or  a part,  the  said  school  directors 
or  rnembers  of  the  board  of  education  shall  hereafter  be 
appointed  as  hereinafter  provided. 


124 


STATUTES  RELATING  TO 


313.  How  appointed.]  § 2.  It  shall  be  the  duty  of  the 
mayor  of  such  city,  at  the  first  regular  meeting  of  the  city 
council  in  the  month  of  June,  1881,  to  nominate  and  place 
before  the  council  for  confirmation  as  school  directors  or 
members  of  the  board  of  education,  as  the  case  may  be, 
two  (2)  persons  from  each  ward  of  said  city,  one  (1)  from 
each  ward  to  serve  for  two  (2)  years,  and  one  (1)  for  one  (1) 
year,  and  annually  thereafter  he  shall  nomnate  one  (1)  from 
each  ward,  to  serve  for  two  (2)  years ; and  if  the  person  so 
appointed  shall  be  confirmed  by  a majority  vote  of  the  city 
council,  to  be  entered  of  record,  the  persons  so  appointed 
shall  constitute  the  board  of  education  or  school  directors 
for  such  school  district.  Should  the  council  fail  to  confirm 
any  person  or  persons  nominated  by  the  mayor  at  such 
meeting,  he  may,  at  the  next  or  any  subsequent  meeting, 
nominate  other  persons  for  confirmation,  as  hereinbefore 
provided;  and  should  a vacancy  or  vacancies  occur  in  any 
board  of  education  or  school  directors,  the  mayor  may,  at 
any  regular  meeting  of  the  city  council,  fill  such  vacancy  or 
vacancies  in  the  manner  above  set  forth.  [As  amended  by 
act  approved  May  30,  1881. 

314.  Organization  of  hoard — poivers  and  duties.]  § 3.  The 
said  persons  shall,  as  soon  as  practicable  after  their  appoint- 
ment, organize  by  electing  one  of  their  number  president, 
and  another  secretary,  who  shall  hold  their  respective  offices 
for  one  year.  All  rights,  powers  and  duties  heretofore  exer- 
cised by  and  devolved  upon  the  members  of  the  city  council 
as  ex-officio  members  of  the  board  of  education  or  school 
directors,  shall  devolve  upon  and  be  exercised  by  the  mem- 
bers of  the  board  of  education  and  school  directors  appointed 
under  the  provisions  of  this  act. 

315.  Certificate  of  tax — limitation.]  § 4.  In  all  school 
districts  to  which  this  act  shall  apply,  the  boards  of  educa- 
tion or  school  directors  shall  annually,  before  the  first  day 
of  August,  certify  to  the  city  council,  under  the  hands  and 
seals  of  the  president  and  secretary  of  the  board,  the  amount 
of  money  required  to  be  raised  by  taxation  for  school  pur- 
poses in  said  district  for  the  ensuing  year,  and  the  said 
city  council  shall  thereupon  cause  the  said  amount  to  be 
levied  and  collected  in  the  same  manner  now  provided  by 
law  for  the  levy  and  collection  of  taxes  for  school  purposes 
in  such  district,  but  the  amount  to  be  so  levied  and  col- 
lected shall  not  exceed  the  amount  now  allowed  to  be  col- 
lected for  school  purposes  by  the  general  school  laws  of  this 
State ; and  when  such  taxes  have  been  collected  and  paid 
over  to  the  treasurer  of  such  city  or  school  district,  as  may 


THE  CITY  OF  SPEINGFIELD. 


125 


be  provided  by  the  terms  of  the  act  under  which  such  dis- 
trict has  been  organized,  such  funds  shall  be  paid  out  only 
on  the  order  of  the  board  of  education  or  school  directors, 
signed  by  the  president  and  secretary  of  such  board. 


Sewerage. 


AN  ACT  to  enable  cities,  towns  and  villages  to  contract  with  each  other  for 
sewerage.  [Approved  May  14, 1879.  In  force  July  1,  1879.1 

316.  May  contract  for  sewerage,  etc.]  §.  1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  Gen- 
eral Assembly,  That  whenever  any  city  or  incorporated  town 
or  village  shall  be  adjacent  or  contiguous  to  any  other  city 
or  incorporated  town  or  village,  they  shall  be  authorized  to 
contract  with  each  other,  upon  such  terms  as  may  be  agreed 
upon  between  them,  to  allow  and  permit  the  one  the  use 
and  benefit  of  any  sewer  or  drain,  or  of  any  system  of  sew- 
erage or  drainage,  heretofore  constructed  by  the  other ; and, 
further,  that  any  such  sewer  or  drain,  or  system  of  sewerage  or 
drainage,  constructed,  or  which  may  hereafter  be  constructed 
by  the  one,. may  be  extended  or  furnished  to  the  inhabitants 
of  the  other,  and  they  may,  by  contract  with  each  other, 
provide  for  the  joint  construction  of  any  sewer  or  drain  by 
the  municipalities  so  contracting,  and  for  the  common  use 
thereof  by  the  inhabitants  of  such  municipalities. 

317.  How  contract  made.]  § 2.  The  contract  contem- 
plated in  section  one  of  this  act  may  be  made  by  ordinance 
or  resolution  duly  enacted  or  passed  by  the  common  council, 
board  of  trustees,  or  other  proper  legislative  authority  of  the 
city  or  incorporated  town  or  village  proposing  such  contract, 
and  ratified  or  assented  to  by  ordinance  or  resolution  duly 
enacted  or  passed  by  the  common  council,  board  of  trustees, 
or  other  proper  legislative  authority  of  the  city  or  incorpo- 
rated town  or  village  confirming  or  agreeing  to  such  con- 
tract; and  every  such  contract,  when  ratified  or  confirmed 
by  the  proper  corporate  authorities  of  the  municipal  corpo- 
rations who  are  parties  thereto,  shall  be,  in  all  respects, 
valid  and  binding. 


126 


STATUTES  EELATING  TO 


Sewerage,  Water  and  Light  Taxes. 

AN  ACT  in  relation  to  the  levy  and  collection  of  taxes  for  sewerage  and  water- 
works in  cities  of  this  State  that  may  have  established  a system  of  sewerage 
and  water-works  for  such  city,  and  to  repeal  an  act  therein  named,  and  to 
authorize  the  cities,  villages  and  incorporated  towns  of  this  State  to  levy 
and  collect  taxes  to  pay  for  water  and  light,  LApproved  June  21, 1883.  In 
force  July  1, 1883.] 

318.  Seiverage  fund  tax.]  § 1.  Be  it  enacted  hy  the 
People  of  the  State  of  Illinois,  represented  in  the  General  As- 
sembly, That  the  legislative  authority  of  any  city  which  now 
has,  or  may  hereafter  have,  established  a system  of  sewer- 
age for  such  city,  shall  have  power,  annually,  to  levy  and 
collect  a tax  upon  taxable  real  and  personal  estate  of  such 
city,  not  to  exceed  one  mill  on  a dollar,  for  the  extension 
and  laying  of  sewers  therein,  and  the  maintenance  of  such 
sewers,  which  tax  shall  be  known  as  “The  Sewerage  Fund 
Tax,”  and  shall  be  levied  and  collected  in  the  same  manner 
that  other  general  taxes  of  any  such  city  are  levied  and 
collected : Provided,  hoivever,  that  the  board  of  public  works 
of  such  city,  if  any,  or  the  head  of  the  sewer  department  of 
such  city,  shall  first  certify  to  such  legislative  authority  the 
amount  that  will  be  necessary  for  such  purposes : Provided, 
farther,  that  a two-thirds  majority  of  all  the  members  elect 
of  the  legislative  authority  of  such  city  may  levy  a tax  for 
such  purposes,  not  to  exceed  three  mills  on  each  dollar  of 
the  taxable  property  of  such  city. 

319.  Seiverage  Jund  and  light  tax.]  § 2.  The  legislative 
authority  of  any  city  which  now  has,  or  may  hereafter  have, 
established  or  hired  water-works  for  the  supply  of  water  to 
the  inhabitants  thereof,  shall  have  power  to  annually  levy 
and  collect  a tax  upon  the  taxable  real  and  personal  estate 
of  any  such  city,  whether  organized  under  a special  charter 
or  the  general  law,  not  to  exceed  one  mill  on  the  dollar, 
for  the  extension  of  water  mains  or  pipes  therein,  and  the 
maintenance  of  such  water-works,  or  to  the  creation  of  a 
sinking  fund  to  be  applied  to  the  establishment  of  water- 
works, which  tax  shall  be  known  as  the  “Water  Fund  Tax,” 
and  shall  be  levied  and  collected  in  the  same  manner  that 
other  general  taxes  of  any  such  city  are  levied  and  collected : 
Provided,  that  the  board  of  public  works  of  such  city,  if 
any,  or  the  head  of  the  water  department  of  such  city,  shall 
first  certify  to  such  legislative  authority  the  amount  that 
will  be  necessary  for  such  purposes,  and  shall  further  certify 
tliat  the  revenue  or  income  from  such  water-works  will  be 
insufficient  therefor : Provided,  further,  that  two-thirds  ma- 
jority of  all  the  members  elect  of  the  legislative  authority  of 
such  city  may  levy  a tax  for  such  purposes,  not  to  exceed 
three  mills  on  each  dollar  of  the  taxable  property  of  such 


THE  CITY  TO  SPKINGFIELD. 


127 


city : And,  provided,  further,  that  the  legislative  authority 
of  each  of  the  cities,  villages  and  incorporated  towns  in  this 
State,  with  the  concurrence  of  two-thirds  of  the  members 
thereof,  shall*  be  authorized  to  levy  and  collect,  annually, 
upon  the  taxable  property  within  its  limits,  in  addition  to 
all  other  taxes  now  authorized  by  law,  a tax  of  not  exceed- 
ing three  mills  on  the  dollar  of  such  taxable  property,  to  be 
used  exclusively  for  the  purpose  of  lighting  streets,  and  a 
further  tax  of  not  exceeding  two  mills  on  the  dollar  of  such 
taxable  property,  to  be  used  exclusively  for  the  purpose  of 
supplying  water  to  such  city,  village  or  incorporated  town : 
Provided,  also,  that  nothing  in  this  act  shall  be  so  construed 
as  to  increase  the  amount  of  aggregate  taxes  that  may  be 
levied  in  any  one  year  by  any  city  or  village,  as  provided 
in  section  one  (1)  of  article  VIII,  of  an  act  entitled  “An  act 
to  provide  for  the  incorporation  of  cities  and  villages,”  ap- 
proved April  10,  1893. 

320.  Repeal.]  § 3.  An  act  entitled  “An  act  in  relation 
to  the  levy  and  collection  of  taxes  for  sewerage  and  water- 
works in  the  cities  of  this  State  that  may  have  established 
a system  of  sewerage  and  water- works  for  such  city,”  ap- 
proved and  in  force  April  22,  1871,  is  hereby  repealed. 


Sidewalks. 

AN  ACT  to  provide  additional  means  for  the  construction  of  sidewalks  in  cities, 
towns  and  villages.  rApproved  April  15, 1875.  In  force  July  1.  1875.1 

321.  Sidewalks  by  taxation.]  § 1.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly,  That  in  addition  to  the  mode  now  authorized  by 
law,  any  city  or  incorporated  town  or  village  may,  by  ordi- 
nance, provide  for  the  construction  of  sidewalks  therein,  or 
along  or  upon  any  street  or  part  of  street  therein,  and  may, 
by  such  ordinance,  provide  for  the  payment  of  the  whole  or 
any  part  of  the  cost  thereof  by  special  taxation  of  the  lot, 
lots  or  parcels  of  land  touching  upon  the  line  where  any 
such  sidewalk  is  ordered,  and  such  special  taxation  may  be 
either  by  a levy  on  any  lot  of  the  whole,  or  any  part  of  the 
cost  of  making  any  such  sidewalk  in  front  of  such  lot  or 
parcel  of  land,  or  by  levying  the  whole  or  any  part  of  the 
cost  upon  each  of  the  lots  or  parcels  of  land  touching  upon 
the  line  of  such  sidewalk,  pro  rata,  upon  each  of  said  lots 
or  parcels,  according  to  their  respective  value—the  values  to 
be  determined  by  the  last  preceding  assessment  thereof  for 
the  purpose  of  8tate  and  county  taxation;  or  the  whole  or 


128 


STATUTES  EELATING  TO 


any  part  of  the  cost  thereof  may  be  levied  upon  such  lots  or 
parcels  of  land  in  proportion  to  their  frontage  upon  such 
sidewalks,  or  in  proportion  to  their  superficial  area,  as  may 
be  provided  by  the  ordinance  ordering  the  laying  down  of 
such  sidewalk ; and  in  case  such  ordinance  shall  only  require 
the  payment  of  a part  of  the  cost  of  such  sidewalk  to  be 
paid  by  a special  tax  as  aforesaid,  then  the  residue  of  such 
cost  shall  be  paid  out  of  any  fund  of  any  such  city,  town  or 
village,  raised  by  general  taxation  upon  the  property  there- 
of, and  not  otherwise  appropriated. ^ 

322.  What  ordinance  may  provide.]  § 2.  Said  ordinance 
shall  define  the  location  of  such  proposed  sidewalk  with  rea- 
sonable certainty,  shall  prescribe  its  width,  the  materials  of 
which  it  shall  be  constructed,  and  the  manner  of  its  construc- 
tion, and  may  provide  that  the  materials  and  construction 
shall  be  under  the  supervision  of,  and  subject  to  the  approval 
of  some  officer  or  board  of  officers  of  such  city,  town  or  village, 
to  be  designated  in  said  ordinance.  Said  ordinance  shall  be 
published  as  required  by  law'  for  other  ordinances  of  said  city, 
town  or  village,  and  may  require  all  owners  of  lots  or  parcels 
of  land  touching  the  line  of  said  proposed  sidewalk,  to  con- 
struct a sidewalk  in  front  of  their  respective  lots  or  parcels 
in  accordance  with  the  specifications  of  said  ordinance,  within 
thirty  days  after  such  publication,  and  in  default  thereof,  said 
materials  to  be  furnished  and  sidewalk  to  be  constructed  by 
said  city,  town  or  village,  and  the  cost,  or  such  part  thereof 
as  may  be  fixed  in  said  ordinance,  may  be  collected  from  the 
respective  owners  of  said  lots  or  parcels  of  land  as  hereinafter 
provided. 

323.  In  case  owner  neglects  to  construct.]  § 3.  In  case  of 
the  default  of  any  lot  owner  or  owners  to  construct  the  side- 
walks, as  required  by  ordinance,  and  the  same  shall  be  con- 
structed by  the  city,  town  or  village,  the  cost  thereof,  or  such 
part  of  the  cost  thereof  as  may  have  been  fixed  by  said 
ordinance,  may  be  recovered  of  the  owners  so  in  default,  by 
an  action  of  debt  in  the  name  of  the  city,  town  or  village, 
against  such  owners  respectively,  in  any  court  of  competent 
jurisdiction,  or  upon  the  completion  of  the  work  by  such 
city,  town  or  village.  Such  ordinance  may  provide  that  a bill 
of  the  cost  of  such  sidewalk,  showing  in  separate  items  the 
cost  of  grading,  materials,  laying  down  and  supervision,  shall 
be  filed  in  the  office  of  the  clerk  of  such  city,  town  or  village, 
certified  to  by  the  officer  or  board  designated  by  said  ordinance 
to  take  charge  of  the  construction  of  such  sidewalk,  together 
with  a list  of  lots  or  parcels  of  land  touching  upon  the  line 
of  said  sidewalk,  the  names  of  the  owners  thereof,  and  the 


1.  Vide  White  vs.  The  People  ex  rel.  of  the  City  of  Bloomington,  94  111.,  604. 


THE  CITY  OF  SPRINGFIELD. 


129 


frontage,  superficial  area,  or  assessed  value  as  aforesaid, 
according  as  said  ordinance  may  provide  for  the  levy  of  said 
cost  by  frontage,  superficial  area  or  assessed  value ; where- 
upon said  clerk  shall  proceed  to  prepare  a special  tax  list 
against  said  lots  or  parcels,  and  the  owners  thereof,  ascer- 
taining by  computation  the  amount  of  special  tax  to  be 
charged  against  each  of  said  lots  or  parcels  and  the  owneis 
thereof,  on  account  of  the  construction  of  said  sidewalk, 
according  to  the  rule  fixed  for  the  levy  of  such  special  tax 
by  said  ordinance,  which  special  tax  list  shall  be  filed  in 
the  office  of  said  clerk ; and  said  clerk  shall  thereupon  issue 
warrants  directed  to  such  officers  as  may  he  designated  in 
such  ordinance,  for  the  collection  of  the  amount  of  special 
tax  so  ascertained,  and  appearing  from  said  special  tax 
list  to  be  due  from  the  respective  owners  of  the  lots  or 
parcels  of  land  touching  upon  the  line  of  said  sidewalk ; and 
such  officer  shall  proceed  to  collect  such  warrants  m the 
same  manner  as  constables  are  authorized  to  collect  execu- 
tions, and  make  return  thereof,  together  with  the  moneys 
collected,  to  the  clerk  of  such  city,  town  or  village,  within 
sixty  days  from  the  date  of  their  issue;  and  in  case  any 
such  warrant  shall  be  returned,  as  to  the  whole  or  any  part 
thereof,  “no  property  found,”  other  warrants  may  issue,  and 
proceedings  by  garnishment  may  be  resorted  to  as  in  cases 
of  garnishment  in  aid  of  collection  of  judgments  at  law, 
and  all  moneys  so  collected  and  paid  over  to  said  clerk, 
shall  be,  by  him,  immediately  paid  over  to  the  treasurer  of 
said  city,  town  or  village.^ 

324.  Special  tax — duty  of  clerk — report.']  § 4.  Upon  the 
failure  to  collect  such  special  tax  as  heretofore  provided  in 
this  act,  it  shall  be  the  duty  of  said  clerk,  within  such  time 
as  said  ordinance  may  provide,  to  make  report  of  all  such 
special  tax,  in  writing,  to  such  general  officer  of  the  county 
as  may  be  authorized  by  law  to  apply  for  judgment  against, 
and  sell,  lands  for  taxes  due  the  county  or  State,  of  all  the 
lots  or  parcels  of  land  upon  which  such  special  tax  shall  be 
so  unpaid,  with  the  names  of  the  respective  owners  thereof, 
so  far  as  the  same  are  known  to  said  clerk,  and  the  amount 
due  and  unpaid  upon  each  tract,  together  with  a copy  of 


1.  Taxation.— \JnCi'dv  oar  constitution,  it  is  competent  for  the  legislature  to 
confer  upon  the  corporate  authorities  of  cities,  towns  and  villages,  power  to 
impose  upon  contiguous  property,  in  the  form  of  a special  tax,  the  burden  of 
the  expense  of  the  construction  of  a sidewalk  along  the  line  of  such  property, 
and  such  tax  may  be  lawfully  assessed  upon  the  respective  parts  thereof  in 
proportion  to  the  frontage  of  each  part  upon  such  improvement,  and  the  pay- 
ment of  such  tax  may  be  enforced  against  the  property  so  taxed. 

Same.—^o  much  of  section  3 of  the  act  of  1875,  entitled  “An  act  to  provide 
additional  means  for  the  construction  of  sidewalks.”  or  any  part  thereof,  to  be 
recovered  of  the  owners  of  lots,  etc.,  by  action  at  law,  is  unconstitutional  and 
inoperative,  and  so  much  of  the  same  section  as  seems  to  authorize  the 
seizure,  by  warrant  issued  by  the  clerk,  of  personal  property  of  the  owner,  in 
satisfaction  of  such  special  tax,  is  without  constitutional  authority.  Craw,  et 
al.  rs.The  Village  of  Tolono,  et  al.,  96  111.,  255-256. 

—9 


130 


STATUTES  RELATING  TO 


the  ordinance  ordering  the  construction  of  said  sidewalk, 
which  report  shall  bo  accompanied  by  the  oath  of  the  clerk 
that  the  list  is  a correct  return  of  the  lots  and  parcels  of 
land  on  which  the  special  tax  levied  by  authority  of  said 
city,  town  or  village,  for  the  cost  or  partial  cost,  as  the  case 
may  be,  of  the  sidewalk  in  said  ordinance  specified,  remains 
due  and  unpaid,  and  that  the  amounts  therein  stated  as  due 
and  unpaid  have  not  been  collected,  nor  any  part  thereof. 
Said  reports,  when  so  made,  shall  be  prima  facie  evidence 
that  all  the  forms  and  requirements  of  the  law  in  relation 
to  making  such  return  have  been  complied  with,  and  that 
the  special  tax  as  mentioned  in  said  report,  is  due  and  un- 
paid. 

325.  General  officer  to  obtain  judgment  — by  what  laws 
governed.]  § 5.  When  said  general  officer  shall  receive  the 
aforesaid  report,  he  shall  at  once  proceed  to  obtain  judg- 
ment against  said  lots  or  parcels  of  land  for  said  special 
tax  remaining  due  and  unpaid,  in  the  same  manner  as  may 
be  provided  by  law  for  ^ obtaining  judgments  against  lands 
for  taxes  due  and  unpaid  the  county  and  State,  and  shall 
in  the  same  manner  proceed  to  sell  the  same  for  the  said 
special  tax  due  and  unpaid.  In  obtaining  said  judgment 
and  making  said  sale,  the  said  officer  shall  be  governed  by 
the  general  revenue  laws  of  the  State,  except  when  other- 
wise provided  herein,  and  said  general  laws  shall  also  be 
applicable  to  the  execution  of  certificates  of  sale,  and  deeds 
thereon,  and  the  force  and  effect  of  such  sales  and  deeds; 
and  all  other  laws  in  relation  to  the  enforcement  and  collec- 
tion of  taxes,  and  redemption  from  tax  sales,  shall  be  appli- 
cable to  proceedings  to  collect  such  special  tax,  except  as 
herein  otherwise  provided. 

326.  When  constructed  by  owner,  may  obtain  order.]  § 6. 
Whenever  payment  of  the  costs  of  any  such  sidewalk  is 
required  to  be  made  in  part  by  special  tax,  and  in  part  out 
of  any  general  fund  of  such  city,  town  or  village,  and  the 
owner  of  any  such  lot  or  parcel  of  land  shall  construct  such 
sidewalk,  in  accordance  with  the  ordinance  providing  for  its 
construction,  such  owner  shall  file  with  the  clerk  of  such 
city,  town  or  village,  an  itemized  statement  of  the  cost  of 
such  sidewalk  so  constructed  by  him,  verified  by  affidavit, 
together  with  a certificate  of  the  officer  or  board  directed  by 
such  ordinance  to  superintend  the  construction  thereof,  that 
such  sidewalk  has  been  constructed  and  fully  completed  by 
such  owner  in  accordance  with  such  ordinance,  and  the 
council  of  such  city,  town  or  village  shall,  thereupon,  at  its 
first  meeting  thereafter,  allow  and  order  to  be  issued  to  such 
owner  .an  order  on  the  treasurer  of  such  city,  town  or  village, 
for  the  cost  of  the  construction  of  such  sidewalk,  less  the 


THE  CITY  OF  SPRINGFIELD. 


131 


amount  of  special  tax  chargeable  to  the  lot  or  parcel  of  land 
of  such  owner  on  the  line  of  which  such  sidewalk  has  been 
so  constructed. 


Streets — Labor  on. 


AN  ACT  providing  for  labor  on  the  streets  and  alleys  of  all  cities  and  villages 
in  this  State.  [Approved  May  31,  1879,  In  force  July  1. 1879.1 

327.  Labor  on  streets,  etc,]  § 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  As- 
sembly, That  the  city  council  in  all  cities,  and  the  president 
and  board  of  trustees  in  villages  in  this  State,  may  have 
power,  by  ordinance,  to  require  every  able-bodied  male 
inhabitant  of  any  such  city  or  village,  above  the  age  of 
twenty-one  years,  and  under  the  age  of  fifty  years,  (except- 
ing paupers,  idiots,  lunatics,  and  such  others  as  are  exempt 
by  law,)  to  labor  on  the  streets  and  alleys  of  any  such 
city  or  village,  not  more  than  two  (2)  days  in  each  year ; but 
such  ordinance  shall  provide  for  commutation  of  such  labor 
at  seventy-five  cents  per  day.^ 

328.  Fines  and  penalties.]  § 2.  Any  such  city  council, 
or  president  and  board  of  trustees  of  any  such  village,  shall 
have  power,  by  ordinance,  to  provide  such  fines  and  penalties 
as  may  be  necessary  to  enforce  the  provisions  of  this  act. 


Vacation  of  Streets  and  Alleys. 

AN  ACT  to  revise  the  law  in  relation  to  the  vacation  of  streets  and  alleys. 

[Approved  March  24,  1874.  In  force  July  1, 1874.1 

329.  Three-fourths  vote  required  — damages.]  § 1.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  no  city  council  of  any  city,  or 
board  of  trustees  of  any  village  or  town,  whether  incor- 
porated by  special  act  or  under  any  general  law,  shall  have 
power  to  vacate  or  close  any  street  or  alley,  or  any  portion 
of  the  same,  except  upon  a three-fourths  majority  of  all  the 
aldermen  of  the  city  or  trustees  of  the  village  or  town, 
authorized  by  law  to  be  elected ; such  vote  to  be  taken  by 
ayes  and  noes,  and  entered  on  the  records  of  the  council  or 
board.  And  when  property  is  damaged  by  the  vacation  or 


1.  A power  in  a municipal  charter  to  require  all  able-bodied  male  inhabi- 
tants of  a city  to  labor  on  its  streets  and  alleys,  or  pay  a tax  in  lieu  thereof,  is 
constitutional.  Alton  vs.  SaAvyer,  3 Scam.,  127. 


132 


STATUTES  RELATING  TO 


closing  of  any  street  or  alley,  the  same  shall  be  ascertained 
and  paid  as  provided  by  law.  [See  “Eminent  Domain,” 
chap.  47,  Eev.  Stat.  (Hurd),  1883. 

330.  Rights  of  adjoining  owners.]  § 2.  When  any  street, 
alley,  lane  or  highway,  or  any  part  thereof,  has  been  or 
shall  be  vacated  under  or  by  virtue  of  any  act  of  this  State, 
or  by  order  of  the  city  council  of  any  city  or  trustees  of  any 
village  or  town,  or  by  the  commissioners  of  highways,  county 
board,  or  other  authority  authorized  to  vacate  the  same,  the 
lot  or  tract  of  land  immediately  adjoining  on  either  side 
shall  extend  to  the  central  line  of  such  street,  alley,  lane  or 
highway,  or  part  thereof  so  vacated,  unless  otherwise 
specially  provided  in  the  act,  ordinance  or  order  vacating 
the  same,  unless,  in  consequence  of  more  of  the  land  for 
such  street,  alley,  lane  or  highway  having  been  contributed 
from  the  land  on  one  side  thereof  than  the  other,  such  divi- 
sion is  inequitable,  in  which  case  the  street,  alley,  lane  or 
highway  so  vacated  shall  be  divided  according  to  the  equities 
of  the  adjoining  owners. 


Telegraph  Companies. 


AN  ACT  to  revise  the  law  in  relation  to  telegraph  companies.  [Approved 
March  24, 1874.  In  force  July  1, 1874.1 

* ^ ^ ^ ^ ^ 
331.  Consent  necessary  to  erect  poles,  etc.,  on  roads,  streets, 
etc., — record — alteration.]  § 4.  No  such  company  shall  have 
the  right  to  erect  any  poles,  posts,  piers,  abutments,  wires 
or  other  fixtures  of  their  lines  along  or  upon  any  road,  high- 
way or  public  ground  outside  of  the  corporate  limits  of  a 
city,  town  or  village,  without  the  consent  of  the  county  board 
of  the  county  in  which  such  road,  highway,  or  public  ground 
is  situated,  nor  upon  any  street,  alley  or  other  highway  or 
public  ground,  within  any  incorporated  city,  town  or  village, 
without  the  consent  of  the  corporate  authorities  of  such  city, 
town  or  village.  The  consent  herein  required  must  be  in 
writing,  and  shall  be  recorded  in  the  recorder’s  office  of  the 
county.  Any  such  county  board,  or  the  city  council,  or 
board  of  trustees  of  such  city,  town  or  village,  as  the  case 
may  be,  shall  have  power  to  direct  any  alteration  in  the 
location  or  erection  of  any  such  poles,  posts,  piers  or  abut- 
ments, and  also  in  the  height  of  the  wires,  having  first  given 
the  company  or  its  agent  opportunity  to  be  heard  in  regard 
to  such  alteration. 


THE  CITY  OF  SPEINGFIELD. 


133 


Water-Works. 


AN  ACT  to  provide  for  the  laying  of  water  supply  pipe,  by  bonds  and  special 
assessments,  payable  in  installments.  [Approved  and  in  force  March  17, 1874.1 

332.  Bonds — assessments  payable  in  installments.']  § 1. 
Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  whenever  the  corporate  authori- 
ties of  any  city,  town  or  village  shall  provide,  by  ordinance, 
for  the  laying  of  water  supply  pipes,  to  be  paid  for  by  a 
special  assessment  to  be  made  under  the  provisions  of  article 
nine  of  the  act  of  the  general  assembly,  entitled  “An  act  to 
provide  for  the  incorporation  of  cities  and  villages,”  approved 
April  10,  A.  D.  1872,  such  corporate  authorities  may,  in  their 
discretion,  provide  in  such  ordinance,  or  by  an  ordinance  to 
be  adopted  at  any  time  prior  to  the  issuance  of  the  warrant 
to  the  collector  for  the  collection  of  such  assessment,  that 
the  amount  of  the  estimated  cost  of  such  improvement  shall 
be  provided  for  in  the  following  manner,  to-wit : That  bonds 
of  the  city,  town  or  village,  as  the  case  may  be,  shall  be 
issued  for  such  portion  of  the  estimated  cost  of  such  improve- 
ment as  shall  be  apportioned  to  the  city,  town  or  village  as 
public  benefit,  payable  at  such  time  or  times,  within  twenty 
years,  as  may  be  provided  by  said  ordinance,  or  it  may  in 
such  ordinance  be  provided  that  all  or  any  portion  of  the 
amount,  so  apportioned  as  public  benefits,  may  be  made  by 
general  taxation  in  accordance  with  the  provisions  contained 
in  said  article  nine,  and  that  the  portion  of  said  estimated 
cost  which  shall  be  assessed  upon  property  specially  bene- 
fited shall  be  payable  in  such  annual  installments,  not  exceed- 
ing ten  in  number,  as  may  in  such  ordinance  be  prescribed : 
Provided,  that  nothing  m this  section  shall  authorize  any 
city,  town  or  village  to  issue  such  bonds  to  an  amount,  in- 
cluding all  existing  indebtedness,  in  excess  of  the  charter, 
statutory  or  constitutional  limitation  of  the  indebtedness  of 
such  city,  town  or  village. 

333.  'When  installments  payable— interest.]  § 2.  When- 
ever such  corporate  authorities  shall  have  provided  by  ordi- 
nance for  the  making  of  such  improvement  in  the  manner 
prescribed  in  section  one  of  this  act,  the  first  installment  of 
the  amount  assessed  upon  property  specially  benefited  shall 
be  payable  immediately  upon  the  issuance,  by  the  clerk  of 
such  city,  town  or  village,  of  his  warrant  to  the  collector, 
and  the  subsequent  installments  shall  be  payable  annually 
thereafter,  with  interest  until  paid,  at  such  rate  as  shall 
be  prescribed  in  such  ordinance,  not  exceeding  ten  per 
centum. 


134 


STATUTES  RELATING  TO 


334.  Applies  to  assessments  already  ordered.}  § 3.  This 
act  shall  apply  to  assessments  already  ordered  for  the  purpose 
set  forth  in  section  one  of  this  act,  and  to  the  ordinances 
in  relation  thereto,  as  well  as  to  ordinances  hereafter  to  be 
adopted. 

335.  Emergency.]  § 4.  Whereas,  certain  cities,  towns 
and  villages  are  about  to  lay  water  pipe,  and  are  desirous 
of  availing  themselves  of  the  provisions  of  this  act,  therefore 
an  emergency  is  declared  to  exist,  and  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


AN  ACT  to!aid  cities  owning  or  operating  water-works  to  secure  an  additional 
or  better  supply  of  pure  water.  [Approved  and  in  force  May  27, 1881.] 

336.  Cities  owning  or  operating  water -ivorks  permitted  to 
change  source  of  supply.]  § 1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois,  represented  in  the  General  Assembly, 
That  all  cities  owning  or  operating  water-works  under  any 
charter  granted  by  act  of  any  general  assembly  of  this  State, 
or  under  the  general  incorporation  laws  of  this  State,  whether 
by  boards  of  water  commissioners  or  by  ofl&cers  appointed 
for  that  purpose,  are  hereby  granted  the  following  powers 
and  privileges,  for  the  purpose  of  increasing  or  bettering  the 
source  of  supply  from  which  such  water  is  obtained. 

337.  Board  of  water  commissioners  or  city  council  may 
construct,  lease  and  maintain  wells,  with  the  approval  of  a 
majority  of  legal  voters.]  § 2.  Whenever,  in  the  judgment 
of  a majority  of  any  board  of  water  commissioners,  or  if 
there  be  no  such  board,  then  in  the  judgment  of  a majority 
of  the  city  council  of  any  city  owning  or  operating  such 
water-works,  it  shall  be  necessary  for  the  public  health,  or 
for  any  other  cause,  to  increase  the  source  of  water  supply, 
or  to  substitute  for  it  such  better  source  as,  in  their  judg- 
ment, the  interests  of  such  city  may  demand,  such  board  of 
water  commissioners  or  city  council  may,  in  addition  to  the 
powers  already  conferred  upon  them  by  act  of  any  general 
assembly  of  this  State,  construct  wells,  either  by  boring  or 
excavation,  and  protect  and  equip  the  same  after  construc- 
tion, or  may  lease  water  privileges  from  private  parties  or 
corporations  owning  wells  already  or  hereafter  to  be  con- 
structed, and  may  pay  for  such  construction  or  lease,  and 
for  the  expenses  maintained  in  operating  the  same,  out  of 
any  earnings  of  such  water-works  under  their  control  which 
may  be  in  their  hands  at  the  time  of  the  taking  effect  of 
this  act,  or  which  may  accrue  to  them  hereafter : Provided, 
that  no  money  shall  be  expended  under  the  provisions  of 
this  act,  for  the  purposes  herein  specified,  until  the  question 
of  the  expenditure  of  such  money  for  the  purposes  aforesaid 


THE  CITY  OF  SPRINGFIELD. 


135 


shall  have  been  submitted  to  a vote  of  the  people  of  the 
city  in  which  such  water- works  may  be  situated,  at  any 
election  for  city  officers  or  special  election  called  for  that 
purpose  by  the  city  council  of  said  city,  and  shall  have  re- 
ceived a majority  of  the  votes  cast  at  such  election:  Pro- 
vided, further,  that  no  money  shall  be  expended  under  the 
provisions  of  this  act,  for  the  purposes  aforesaid,  other  than 
the  surplus  earnings  of  such  water-works. 

338.  Emergency.]  § 3.  Whereas,  an  emergency  exists, 
this  act  shall  be  in  force  from  and  after  its  passage. 


136 


STATUTES  RELATING  TO 


PROVISIONS 

OF  THE 

FORMER  CHARTER  OF  THE  CITY  OF  SPfifflGFIELD. 


Article  I. 

BOUNDARIES  OF  THE  CITY. 

339.  Original  charter  limits.]  § 2.  All  that  district  of 
country  enclosed  within  the  following  boundaries,  to  wit : 
being  in  Sangamon  county  and  State  of  Illinois,  one  mile 
square ; the  State  House  being  the  centre  of  said  city  of 
Springfield.  [Act  approved  Feb.  3,  1840. 

340.  Boundary  and  name.]  § 1.  That  all  the  district 
of  country  in  the  county  of  Sangamon  and  State  of  Illinois, 
contained  within  the  present  incorporate  limits  of  the  city 
of  Springfield,  with  such  other  additions  of  land  as  may  be 
incorporated  with  and  come  under  the  jurisdiction  of  said 
city,  is  hereby  erected  into  a city  by  the  name  of  “The  City 
of  Springfield.”  [Act  approved  March  2,  1854. 

341.  City  limits  and  jurisdiction  extended.]  § 1.  In  ad- 
dition to  all  the  territory  now  contained  within  the  limits 
of  the  city  of  Springfield,  there  shall  be  added  to  said  city, 
and  embraced  within  its  limits,  and  subject  to  its  ordinan- 
ces and  jurisdiction,  all  the  additional  territory  embraced 
within  the  following  boundary,  to  wit ; Beginning  at  a point 
on  the  section  line  between  sections  twenty-six  and  twenty- 
seven,  from  which  a line  extended  westwardly  will  run 
eighty  feet  north  of  the  lot  owned  by  the  Illinois  State  Uni- 
versity; thence  westwardly,  until  a straight  line  intersects 
the  east  line  of  Herndon  & Edwards’  addition,  at  a point 
four  hundred  feet  north  of  the  north  line  of  Mason’s  addi- 
tion; thence  around  the  line  of  Herndon  & Edwards’  addi- 
tion, to  the  southwest  corner  thereof;  thence  due  south,  to 
the  line  of  Erastus  Wright’s  land;  thence  due  west,  along 
his  line,  to  a point  from  which  a line  drawn  due  south,  will 
run  two  hundred  feet  west  of  the  west  part  of  Erastus 
Wright’s  dwelling  house;  thence  along  said  line,  to  the 


THE  CITY  OF  SPRINGFIELD. 


137 


centre  of  the  road  running  from  Springfield  to  Beardstown, 
by  the  fair  grounds ; thence  with  the  said  road,  to  a point 
opposite  the  west  line  of  Hutchinson’s  cemetery  lot;  thence 
to  and  with  the  said  west  line  of  said  cemetery  lot,  and  ex- 
tending the  same  in  a straight  line  to  the  center  of  the 
Jacksonville  road,  thence  along  the  center  of  the  Jack- 
sonville road  to  the  present  city  line;  thence  along  the 
present  city  line  to  the  southeast  corner  of  E.  lies’  second 
addition  of  out-lots;  thence  a straight  line  to  the  southwest 
corner  of  Barrett’s  addition;  thence  along  the  present  city 
limits,  to  the  section  corner  between  sections  twenty-six  and 
twenty-seven;  thence  northwardly,  with  the  section  line, 
to  the  beginning.  [Act  approved  Feb.  14,  1855. 

342.  Limits  and  jurisdiction  Jurther  extended.]  § 1.  An 
act  entitled  “An  act  to  amend  the  charter  of  the  city  of 
Springfield,”  approved  February  14,  1855,  is  hereby  [so] 
amended  that,  in  addition  to  all  the  territory  now  contained 
within  the  limits  of  the  city  of  ^ringfield,  there  shall  be 
added  to  the  said  city,  and  embraced  within  its  limits,  and 
subject  to  its  ordinances  and  jurisdiction,  all  the  additional 
territory  embraced  within  the  following  boundaries,  to-wit : 
Beginning  on  the  township  line  at  the  section  corner  between 
sections  thirty-four  and  thirty-five;  from  ^thence  pursuing 
township  line  westwardly,  to  the  southeast  corner  of  ^ the 
southwest  quarter  of  the  southwest  quarter  of  section  thirty- 
three  ; thence  north,  parallel  to  section  line,  to  the  south- 
east corner  of  the  northwest  quarter  of  the  northwest  quar- 
ter of  section  twenty-eight;  thence  east,  and  parallel  to 
section  line,  to  the  southeast  corner  of  the  northwest  quar- 
ter of  the  northwest  quarter  of  section  twenty-six;  thence 
south,  parallel  to  section  line,  to  the  township  line  and 
southeast  corner  of  the  west  half  of  the  southwest  quarter 
of  section  thirty-five ; thence  west  to  the  place  of  beginning. 
[Act  approved  Feb.  18,  1857. 

343.  Corporate  limits  further  extended.]  § 1.  The  cor- 
porate limits  of  the  city  of  Springfield  shall  be,  and  are 
hereby,  so  extended  as  to  embrace  and  include  within  said 
city,  and  subject  to  its  jurisdiction,  and  to  its  charter  and 
ordinances,  the  following  additional  lands  and  territory,  to 
wit : The  northeast  quarter  of  the  northwest  quarter ; and 
the  north  half  of  the  northwest  quarter,  and  the  north  half 
of  the  northeast  quarter  of  section  number  twenty-eight; 
the  north  half  of  the  northwest  quarter,  and  the  north  half 
of  the  northeast  quarter  of  section  number  twenty-seven; 
and  the  northwest  quarter  of  the  northwest  quarter  of  sec- 
tion number  twenty-six,  all  in  township  number  sixteen, 
north  of  range  number  five,  west  of  the  third  principal 
meridian.  [Act  approved  Feb.  18,  1859. 


138 


STATUTES  RELATING  TO 


344.  Grand  avenue — opening  of.']  § 13.  The  city  council 
of  said  city  shall  have  power  to  lay  out  and  open  an  ave- 
nue, or  highway,  the  width  of  eighty  feet,  along  the  cor- 
poration line,  around  said  city ; and  such  avenue  or  highway 
shall  be  so  laid  out  and  opened,  that  the  corporation  line  shall 
be  the  centre  line  thereof ; and,  if  the  amount  of  compensa- 
tion to  be  paid  to  the  owners  of  the  real  estate,  which  may 
be  taken  and  appropriated  for  the  laying  out  and  opening 
of  such  avenue  or  highway,  cannot  be  agreed  upon,  the  city 
council  shall  cause  the  damages  arising  from  the  laying  out 
and  opening  of  such  avenue  or  highway  to  be  assessed 
against  the  real  estate,  within  and  without  said  city,  which 
may  be  benefited  by  the  laying  out  and  opening  of  such 
avenue,  or  highway,  in  the  same  manner,  in  all  respects,  as 
is  prescribed  in  the  seventh  article  of  the  charter  of  said 
city,  and  in  the  sixth  and  seventh  sections  of  this  act,  for 
assessments  for  laying  out  and  opening  streets,  avenues  and 
highways  within  the  city;  and  such  assessments  may  be 
collected  in  the  same  manner,  in  all  respects,  as  assessments 
for  laying  out  and  opening  streets,  avenues  and  highways 
within  the  city,  and  shall  be  a lien  upon  the  real  estate 
against  which  they  may  be  made  in  like  manner.  [Act  ap- 
proved Feb.  18,  1859. 


Oak  Kidge  Cemetery. 

AN  ACT  to  amend  the  chnrter  of  the  city  of  Springfield.  [Approved  February 
18,  1859.— Private  laws  of  1859,  page  269.1 

345.  The  cemetery  described  and  established.]  § 14.  Lots 
number  five,  six,  and  the  south  half  of  lot  number  four,  of 
sub-division  of  the  east  half  of  the  north-east  quarter  of 
section  number  twenty-one,  in  township  number  sixteen,  north 
of  range  number  five,  west  of  the  third  principal  meridian, 
containing  twenty-eight  and  four-seventh  acres,  and  pur- 
chased by  said  city  for  cemetery  purposes,  is  hereby  estab- 
lished and  set  apart  for  the  burial  of  the  dead,  and  shall 
be  known  as  Oak  Ridge  Cemetery. 

346.  Manner  of  laying  out — selling  lots.]  § 15.  The  city 
council  of  said  city  shall  cause  the  grounds  of  said  cemetery 
to  be  subdivided,  and  laid  out  into  such  divisions,  blocks, 
squares  or  lots,  with  suitable  avenues,  walks  and  alleys,  de- 
signated or  numbered  in  such  manner  as  may  be  deemed 
expedient,  and  shall  cause  a correct  map  or  plat  thereof  to 


THE  CITY  OF  SPRINGFIELD. 


139 


be  made  out  and  acknowledged  by  the  mayor  and  city  clerk 
of  said  city,  under  the  corporate  seal  thereof,  and  filed  and 
carefully  preserved  in  the  office  of  the  city  clerk,  and  a true 
copy  thereof  shall  be  entered  and  recorded  in  the  records  of 
said  cemetery,  in  his  office;  and  the  entry  of  the  said  map 
or  plat  upon  the  records  of  said  cemetery,  in  the  office  of 
the  city  clerk,  shall  be  sufficient,  without  further  record 
thereof;  and  all  sales,  conveyances  or  transfers  of  lots  in 
said  cemetery,  by  reference  to  said  map  or  plat,  shall  be 
good  and  valid. 

347.  Manner  of  transferring  lots.]  § 16.  The  conveyance 
or  transfer  of  lots  in  said  cemetery,  from  the  city  to  pur- 
chasers, may  be  by  deed  or  certificate,  in  such  form  as  the 
city  council  may  prescribe,  signed  by  the  mayor  and  city 
clerk,  under  the  corporate  seal,  without  acknowledgment ; and 
such  deed  or  certificate  shall  vest  the  title  to  the  lots  so 
conveyed  or  transferred  in  the  purchaser,  his  heirs  and  as- 
signs, in  fee  simple,  for  burial  purposes  only,  subject  to  such 
reasonable  conditions,  rules  and  regulations,  as  the  city  council 
of  said  city  may  prescribe.  The  conveyance  and  transfer  of 
lots  in  said  cemetery,  from  one  purchaser  to  another,  may 
be  by  surrender  of  the  original  deed  or  certificate  to  the  city 
clerk,  and  the  city  clerk,  upon  such  surrender  being  made, 
shall  make  out  and  execute  a new  deed  or  certificate  to  the 
assignee ; and  such  deed  or  certificate  shall  vest  the  title  of 
the  lot  so  conveyed  or  transferred  in  the  grantee,  in  the 
same  manner  as  the  same  was  vested  in  the  original  pur- 
chaser. But  the  city  council  may,  in  its  discretion,  prescribe 
the  manner  and  form  of  conveying  and  transferring  lots  in 
said  cemetery. 

348.  Clerk  to  keep  cemetery  record.]  § 17.  The  city  clerk 
shall  keep  a cemetery  record,  in  such  manner  as  the  city 
council  may  prescribe,  in  which  he  shall  enter  an  abstract 
of  all  sales  of  lots  in  the  cemetery,  specifying  the  number 
of  the  lot  sold  or  transferred,  the  name  of  the  purchaser  or 
assignee,  the  amount  paid,  and  the  date  of  the  deed,  or 
certificate  of  sale,  or  transfer. 

349.  Lots  — hoiv  held— used  only  for  cemetery  purposes — 
sexton.]  § 18.  No  lot  in  said  cemetery  shall  be  so  sold, 
conveyed  or  transferred,  as  to  be  owned  in  severalty  by  two 
or  more  persons;  but  any  lot  may  be  owned  by  two  or 
more  persons  as  tenants  in  common.  And  neither  the  city 
nor  owners  of  lots  in  said  cemetery  shall  convey,  transfer, 
appropriate  or  use,  any  lot  or  other  part  of  said  cemetery 
grounds,  for  other  than  cemetery  and  burial  purposes, — except 
that  a portion  of  said  grounds,  not  exceeding  three  acres, 
may  be  appropriated  for  the  use  of  the  city  sexton,  residing 
at  the  cemetery. 


140 


STATUTES  EELATING  TO 


350.  No  public  road  over  cemetery.']  § 19.  No  public  road, 
or  highway  shall  be  located,  or  laid  out,  through,  over  or 
upon  said  cemetery  grounds;  nor  shall  any  part  of  said 
grounds  be  taken  or  condemned  for  any  public  use  or  pur- 
pose whatever,  other  than  cemetery  and  burial  purposes. 

351.  Records  of  cemetery. ~\  § 20.  The  records  of  the  said 
cemetery,  kept  in  the  office  of  the  city  clerk,  shall  be  evi- 
dence of  the  facts  therein  stated,  in  all  courts  and  places. 

352.  Additional  rules  may  he  made.']  § 21.  The  city  coun- 
cil may,  by  ordinance,  prescribe  such  additional  rules  and 
regulations,  concerning  said  cemetery,  as  may  be  deemed 
expedient. 

353.  Limits  of  cemetery  extended — powers  of  the  hoard  of 
managers.]  § 1.  That  the  fourteenth  section  of  “An  act  to 
amend  the  charter  of  the  city  of  Springfield,”  approved 
February  15,  [18],  1859,  be  and  the  same  is  so  amended  as 
to  read:  sections  twenty-one  (21)  and  twenty- two  (22),  in 
township  sixteen,  north  of  range  five,  west  of  the  third 
principal  meridian,  or  so  much  thereof  as  may  be  necessary 
for  burying  purposes ; also  to  empower  the  board  of  mana- 
gers of  Oak  Eidge  Cemetery  to  declare  nuisances  within  one- 
half  mile  of  said  cemetery,  and  to  empower  the  city  council 
of  said  city,  by  ordinance,  to  impose  a fine  or  penalty  on 
those  who  do  not,  after  notice  given,  remove  any  declared 
nuisance  by  said  board  of  managers.  [Act  approved  Febru- 
ary 16,  1865.  Private  laws  of  1865,  vol.  1,  page  522. 


The  Board  of  Education. 

♦ ^ 

AN  ACT  to  amend  the  charter  of  the  city  of  Springfield.  [Approved  March  27, 
1869.— Private  laws  of  1869,  Vol.  II,  page  239.1 

354.  Board  of  education— general  poivers.]  § 1.  Be  it 
enacted  hy  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  all  the  rights,  powers  and  privi- 
leges, in  relation  to  schools,  school  property,  real  or  personal, 
or  school  funds,  now  vested  in  the  city  council  of  the  city 
of  Springfield,  be,  and  the  same  are  hereby  vested  in  the 
board  of  education  of  the  city  of  Springfield,  to  be  chosen 
and  organized  as  hereinafter  provided.  The  said  board  of 
education  shall  not  purchase,  lease  or  sell  lands,  or  sell  or 
build  additional  school  houses,  or  lease  or  rent  the  same 
without  the  consent  and  approval  of  the  city  council  of  the 
city  of  Springfield. 


THE  CITY  OF  SPRINGFIELD. 


141 


355.  To  consist  of  nine  members — council  to  elect — organi- 
zation'.] § 2.  The  said  board  of  education  of  the  city  of 
Springfield  shall  consist  of  nine  members;  and  it  shall  be 
the  duty  of  the  city  council,  on  the  first  Monday  of  May, 
A.  D.  1889,  to  elect  by  ballot  three  members  of  said  board, 
each  one  of  whom  shall  be  from  a different  ward,  who  shall 
serve  one  year;  three  members  of  said  board,  each  one  of 
whom  shall  be  from  a different  ward,  who  shall  serve  two 
years ; and  the  three  remaining  members  of  said  board,  each 
one  of  whom  shall  be  from  a different  ward,  who  shall 
serve  three  years,  to  be  taken,  as  nearly  as  practicable, 
equally  from  the  several  school  districts  of  the  city ; and  the 
members  so  chosen  shall  compose  said  board,  until  their 
successors  are  duly  elected  and  qualified.  Before  entering 
upon  their  duties,  the  members  of  the  board  of  education 
shall  take  an  oath  to  support  the  constitution  of  the  United 
States  and  of  the  State  of  Illinois,  and  to  properly  and 
faithfully  perform  the  duties  of  said  office  to  the  best  inter- 
ests and  efficiency  of  the  schools. 

356.  Term  of  office — vacancies — how  filled.]  § 3.  The  city 
council  of  the  city  of  Springfield  shall,  on  the  first  Monday 
of  May,  A.  D.  1870,  and  on  the  first  Monday  of  May 
annually  thereafter,  elect  successors  to  those  members  whose 
terms  of  office  are  then  expiring ; and  the  persons  so  elected 
shall  hold  their  offices  for  three  years,  and  until  their  suc- 
cessors are  elected  and  qualified.  The  said  board  of  educa- 
tion, or  the  remaining  members  thereof,  shall  have  power 
to  fill,  until  the  ensuing  election,  all  vacancies  in  said  board 
occasioned  by  death,  resignation,  disqualification,  failure  to 
elect,  or  removal  from  said  district : Provided,  no  member 
of  the  city  council  or  any  person  holding  office  under  the 
city,  whether  elected  or  appointed,  shall  be  a member  of  the 
board  of  education. 

357~.  2'o  report  to  council  money  required.]  § 4.  It  shall 

be  the  duty  of  said  board  of  education  to  report  to  the  city 
council  of  the  city  of  Springfield,  at  their  regular  meeting 
in  the  month  of  June,  1869,  and  annually  thereafter,  the 
amount  of  money  needed  and  required  for  public  school 
purposes,  in  said  city  of  Springfield,  for  the  fiscal  year 
commencing  the  first  Monday  of  September  succeeding  such 
report. 

358.  Council  to  levy  tax — separate  account  by  collector.] 
§ 5.  The  city  council  of  said  city  of  Springfield  shall  there- 
upon levy,  and  cahse  the  same  to  be  collected,  the  said 
amount  of  money  so  reported  by  the  board  of  education,  on 
all  the  real  and  personal  property  of  said  city,  according  to 
the  assessment  and  valuation  thereof,  and  the  same  shall  be 


142 


STATUTES  RELATING  TO 


collected  by  the  collector  of  said  city,  the  same  as  other  city 
taxes  are  collected.'  The  collector  shall  keep  a separate 
account  of  the  same,  and  shall  pay  said  taxes  to  the  city 
treasurer,  to  be  used  and  applied  for  public  school  purposes 
[only], 

359.  School  funds — how  paid  out.']  §6.  All  school  funds 
paid  in  to  said  treasurer,  or  coming  into  his  hands,  shall 
be  paid  out  only  on  the  order  of  the  board  of  education, 
signed  by  the  president,  and  attested  by  the  signature  of  the 
secretary  of  said  board  of  education;  and  for  the  payments 
made,  receipts  shall  be  taken  and  filed  by  said  secretary  and 
treasurer,  and  said  orders  and  receipts  shall  show  the  pur- 
poses for  which,  Rnd  on  what  account,  said  orders  were 
drawn. 

360.  Organization  after  annual  election.]  § 7.  It  shall  be 
the  duty  of  said  board  of  education,  immediately  after  each 
annual  election,  to  meet  and  organize,  by  electing  one  of 
their  number  president,  and  the  superintendent  of  schools 
shall  be  ex-officio  secretary  of  said  board;  and  a majority  of 
said  board  shall  constitute  a quorum  for  the  transaction  of 
all  business. 

361.  Inconsistent  acts  repealed— public  act — when  to  take 
effect.]  § 8.  All  prior  acts,  or  parts  of  acts,  inconsistent 
with  the  provisions  of  this  act,  are  hereby  repealed;  and 
this  act  is  hereby  declared  a public  act,  and  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


The  Water-Works  Charter  and  Amendments. 

AN  ACT  to  incorporate  the  Springfield  Water- Works  Company.  [Approved 
February  21, 1861.— Private  laws  of  1861,  page  285.1 

362.  Corporation  created — general  powers.]  § 1.  Be  it 
enacted  by  the  People  oj  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  John  Williams,  E.  F.  Euth,  and 
C.  W.  Matheny,  be  and  are  hereby  named  and  constituted 
as  a board  of  water  commissioners  for  the  city  of  Spring- 
field,  who,  and  their  successors  in  office,  shall  be  a body 
politic  and  corporate,  by  the  name  and  style  of  the  Board 
of  Water  Commissioners  of  the  City  of  Springfield,  and  by 
that  name  shall  have  perpetual  succession,  with  power  to 
contract,  sue  and  be  sued,  to  purchase,  hold  and  convey 
personal  and  real  estate,  to  have  a common  seal,  to  alter 


THE  CITY  OF  SPRINGFIELD. 


143 


and  change  the  same  at  pleasure,  to  make  by-lsaw,  and  do 
all  legal  acts  which  may  be  necessary  and  proper  to  carry 
out  the  intent,  and  effect  the  objects  of  this  act. 

363.  Election — term  of  office — manner  of  filling  vacancy.] 
§ 2.  The  said  commissioners  shall  hold  their  offices,  respec- 
tively, for  the  term  of  three,  four  and  five  years;  said  com- 
missioners shall,  within  sixty  days  after  the  passage  of  this 
act,  decide  by  lot  their  respective  terms ; which  decision  the 
city  council  shall  be  notified  of  by  a written  statement,  which 
shall  be  entered  of  record  on  the  journals  of  said  city  coun- 
cil; and  on  the  first  Tuesday  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-four,  and  on  the 
first  Tuesday  in  April,"^  annually  thereafter,  there  shall  be 
an  election  held  by  the  qualified  voters  of  Said  city,  in  the 
same  manner,  and  at  the  same  hours  and  places,  that  elec- 
tions are  held  for  the  election  of  mayor,  for  the  election  of 
one  or  more  commissioners,  to  fill  vacancies  occasioned  by 
the  termination,  in  any  manner,  of  the  term  of  any  com- 
missioner under  this  act.  The  said  commissioners  named 
in  this  act,  and  in  case  of  the  death  or  resignation  of  any 
of  said  named  commissioners,  those  appointed  and  confirmed 
by  the  city  council  to  fill  such  vacancy,  shall  hold  their 
offices  until  the  election  and  qualification  of  their  successors. 
And  all  commissioners  elected  subsequent  to  the  first  elec- 
tion aforesaid,  shall  hold  their  office  for  the  term  of  three 
years.  And  in  case  of  the  death  or  resignation  of  any  of 
said  commissioners,  the  remaining  commissioners  shall  nomi- 
nate some  citizen  of  said  city,  being  a qualified  voter,  to  fill 
such  vacancy;  and  shall  present  such  citizen  to  the  city 
council  of  said  city  for  confirmation;  who,  if  confirmed  by 
said  city  council,  shall  have  full  power  to  act  as  such  com- 
missioner; but,  if  the  said  city  council  shall  refuse  to  con- 
firm such  nomination,  said  commissioners  shall  nominate 
another,  and  so  on,  until  such  confirmation  shall  be  made ; 
such  person,  when  confirmed,  shall  fill  such  vacancy  until 
the  next  regular  election  of  commissioners  to  be  held  after 
such  confirmation. 

364.  Commissioners  to  divide  duties — council  to  fix  salary.] 
§ 3.  The  said  commissioners  may  make  such  division  of 
duties  among  themselves,  for  each  year  of  their  term,  as 
they  shall  deem  expedient;  and  shall  report  in  writing  to 
1 he  city  council,  the  nature  and  extent  of  the  duties  assigned 
to  each  commissioner,  which  report  shall  be  made  on  the 
first  Monday  of  May,  in  each  year;  and  the  council  shall 
fix  the  salary  to  be  paid  to  each  commissioner,  for  the  per- 
formance of  the  duties  so  specially  assigned  to  him. 


*See  post  1st  amendment  to  the  above,  act. 


144 


STATUTES  RELATING  TO 


365.  Commissioners  to  supply  city  tvith  ivatcr.]  § 4.  It 
shall  be  the  duty  of  said  commissioners  to  consider  all 
matters  relative  to  supplying  the  city  of  Springfield  with  a 
sufficient  quantity  of  water,  to  be  taken  and  conducted  from 
the  Sangamon  river;  said  commissioners  to  use  all  reason- 
able means  to  furnish  the  water  from  said  river  in  as  pure 
and  wholesome  a state  as  possible. 

366.  Power  to  employ  engineers,  etc.']  § 5.  The  said  com- 
missioners shall  have  power,  and  it  is  made  their  duty,  to 
employ  engineers,  surveyors,  and  such  persons  as,  in  their 
opinion,  may  be  necessary  to  enable  them  to  perform  their 
duties  under  this  act. 

367.  To  purchase  land — construct  buildings,  etc.]  § 6. 
Said  commissioners  shall  have  the  power,  and  it  is  hereby 
made  their  duty,  as  fast  as  the  necessary  funds  shall  be 
provided,  to  purchase  such  lot  or  lots  of  land,  and  to  con- 
struct such  buildings,  machinery  and  fixtures,  as  shall  be 
deemed  necessary  or  desirable,  to  furnish  a full  supply  of 
water  for  public  and  private  use  in  said  city. 

368.  Power  to  build  dam  at  river — right  of  way — reser- 
voirs— pipes,  hydrants,  and  fountains  in  city.]  § 7.  Said 
commissioners  shall  have  power  to  build  a dam  across  the 
Sangamon  river,  at  such  point  as  they  shall  deem  most  con- 
venient and  desirable,  and  to  make  all  necessary  excava- 
tions, and  to  erect  all  necessary  buildings,  at  the  said  river, 
on  such  lot  or  lots  of  land  as  they  may  purchase  for  that 
purpose,  and  to  procure  the  right  of  way  from  such  point 
as  they  shall  agree  upon  at  said  river,  across  all  lands 
between  the  same  and  such  lot  or  lots  of  land  as  they  shall 
fix  upon  at  the  city  of  Springfield,  for  the  laying  down  of 
all  necessary  pipes;  and  to  construct  reservoirs,  jets,  and 
public  and  private  hydrants,  and  to  lay  pipes  in  and  through 
all  the  alleys  and  streets  of  said  city ; and  also  to  construct 
fountains  in  the  public  grounds  of  said  city,  as  they  shall 
deem  proper,  with  the  consent  of  the  city  council. 

369.  Borroiving  money — issuing  bonds.]  § 8.  The  said 
commissioners  shall  have  power  to  borrow,  from  time  to 
time,  as  they  and  the  city  council  shall  deem  expedient,  a 
sum  not  exceeding  two  hundred  thousand  dollars,  upon  the 
credit  of  said  city  of  Springfield;  and  shall  have  power,  by 
and  with  the  approval  of  the  city  council  of  said  city,  to 
issue  bonds,  pledging  the  faith  and  credit  of  said  city  for 
the  payment  of  the  principal  and  interest  of  said  bonds ; 
which  bonds  shall  be  issued  under  the  corporate  seal  of  the 
city  of  Springfield,  and  signed  by  the  mayor  and  city  clerk, 
and  may  be  made  payable  at  such  place,  and  in  such  cur- 
rency as  they  shall  deem  expedient,  and  bear  interest,  not 


THE  CITY  OF  SPRINGFIELD. 


145 


exceeding  eight  per  centum  per  annum : Provided,  that  no 
bonds  shall  be  issued  until  the  city  council  shall  have 
approved  of  such  issue,  by  a vote  of  a majority  of  all  the 
aldermen  by  law  authorized  to  be  elected.  It  shall  be  the 
duty  of  the  said  commissioners,  to  keep  an  accurate  register 
of  all  bonds  and  all  interest  coupons  issued  by  them,  show- 
ing the  number,  date  and  amount  of  each  bond  and  coupon, 
and  to  whom  issued,  and  where  payable;  and  it  shall  be 
the  duty  of  the  city  clerk  to  register  the  said  bonds  when 
approved  as  aforesaid,  in  the  same  manner  as  the  other 
indebtedness  of  the  city  is  registered:  Provided,  farther, 
that  all  funds  derived  from  the  sale  of  the  bonds  of  the 
said  board,  or  from  water  rents,  or  otherwise,  shall  be  exclu- 
sively used  for,  and  appropriated  by  said  board  to,  the 
objects  and  purposes  specified  in  this  act;  nor  shall  any 
part  thereof  be  loaned  to,  or  used  by,  the  said  city  of 
Springfield. 

370.  Assessments  for  use  of  water — lien.]  § 9.  The  said 
commissioners  shall,  from  time  to  time,  assess  the  amounts 
to  be  paid  for  water,  used  at  each  house  or  other  building, 
against  the  occupant  or  occupants,  owner  or  owners  of  such 
house  or  other  building,  upon  such  basis  as  they  shall  deem 
equitable;  and  such  water  rents  shall  become  a continual 
lien  upon  such  house  or  other  building  for  the  accommoda- 
tion of  which  water  shall  have  been  introduced,  and  upon 
the  land  or  lot  on  which  house  or  other  building  stands, 
when  said  lot  or  land  and  building  are  owned  by  the  same 
person  or  persons,  from  the  time  the  water  shall  have  been 
introduced  as  aforesaid. 

371.  Assessment  of  buildings  adjoining  street — lien — collec 
tion.]  § 10.  The  said  board  shall  have  the  power,  and  it 
shall  be  their  duty  to  assess,  as  water  rents,  such  amounts 
as  they  shall  deem  equitable,  upon  the  owner  or  owners, 
occupant  or  occupants,  of  any  building  or  buildings,  which 
shall  be  situated  on  lots  adjoining  any  street,  avenue  or 
alley  in  said  city,  through  which  the  distributing  water 
pipes  are  or  may  hereafter  be  laid,  from  which  such  build- 
ing or  buildings  can  be  conveniently  supplied  with  water, 
whether  the  said  owner  or  owners  shall  make  use  of  such 
water  or  not ; and  said  water  rates  shall  be  and  become  a 
continuing  lien,  or  charge,  upon  all  such  buildings,  and  the 
lot  or  lots  upon  which  such  buildings  are  situated,  if  owned 
by  the  same  person  or  persons,  as  such  building  or  build- 
ings, and  shall  be  collected  in  like  manner  with  other  water 
rates  of  said  city. 

372.  Assessment  of  building  in  the  vicinity,  etc.]  § 11. 
The  said  commissioners  shall  also,  from  time  to  time,  assess 
upon  the  person  or  persons  occupying  or  owning  any  house 

—10 


146 


STATUTES  RELATING  TO 


or  other  building  situated  in  the  vicinity  of  any  public 
hydrant,  when  said  house  or  other  building  is  not  supplied 
by  a private  hydrant,  such  amount  as,  in  their  judgment, 
the  occupant  of  such  house  or  other  building  might  be 
benefited  by  the  use  of  such  public  hydrant;  and  such 
assessment,  when  so  made,  shall  be  a lien  upon  such  house 
or  other  building,  and  upon  the  lot  upon  which  the  same 
may  stand,  when  said  house  or  other  building  and  lot  are 
owned  by  the  same  individual,  in  the  same  manner  as  other 
water  rates  of  said  city. 

373.  Collection  of  water  rents — warrant — levy.]  § 12.  It 
shall  be  the  duty  of  the  said  commissioners  to  collect  the 
rents,  so  assessed,  as  required  in  the  foregoing  sections,  and 
in  case  any  person  or  persons  so  assessed  shall  neglect  to 
pay  any  such  assessment,  for  ten  days  after  the  time  fixed 
for  the  payment  thereof,  of  which  notice  shall  be  given  in 
some  newspaper  published  in  said  city, — such  notice  to  be  at 
least  ten  days  before  the  time  fixed  for  the  payment  of  such 
rents, — said  commissioners  shall  issue  their  warrants,  under 
the  seal  of  said  corporation,  directed  to  the  marshal,  or  any 
constable  of  said  city,  commanding  him  to  make  the  amount 
specified  in  such  warrant,  being  the  amount  due  for  water 
rents  as  aforesaid,  together  with  the  cost  of  advertising  the 
same,  and  such  fees  as  constables  are  entitled  to  by  the 
laws  of  this  State  in  the  levy  and  sale  of  personal  property 
upon  execution,  out  of  goods  and  chattels  of  the  person  or 
persons  so  assessed,  as  aforesaid ; and  the  marshal  or  con- 
stable, in  such  cases,  may  levy,  under  said  warrant,  upon 
any  personal  property  of  the  person,  or  persons,  against 
whom  the  same  is  issued,  and  sell  the  same  at  public  auc- 
tion, after  giving  ten  days’  notice  of  the  time  and  place  of 
sale,  in  some  newspaper  published  in  said  city;  and  such 
warrant  shall  authorize  the  sale  of  any  house  or  building 
on  which  any  lien  shall  have  attached  as  aforesaid,  subject 
only  to  such  bona  fide  encumbrances  as  shall  have  existed, 
prior  to  the  time  of  the  introduction  of  such  water  as  afore- 
said. 

374.  Board  to  report  unsatisfied  ivarrants,  etc.]  § 13.  It 
rIihII  be  the  duty  of  the  said  board  to  return  to  the  city 
council,  as  often  as  said  board  shall  deem  necessary,  the 
warrants  for  the  collection  of  water  rents,  issued  by  them 
ns  provided  above,  which  have  been  returned  to  said  board 
unsatisfied ; and  shall  report  to  the  city  council  at  the  same 
time,  the  building  or  buildings,  lot  or  lots  to  which  the 
amounts  specified  in  such  warrants  are  respectively  charge- 
able; and  the  city  council  shall  thereupon  take  the  same 
proceedings  for  the  collection  of  such  amounts  as  are,  or 
may  hereafter  be,  provided  by  the  charter  and  ordinances  of 


THE  CITY  OF  SPRtNGFIELD. 


147 


said  city,  for  the  collection  of  the  amount  due  in  any  war- 
rant for  the  collection  of  sidewalk  assessments,  after  such 
warrant  has  been  returned  unsatisfied ; and  the  amount, 
when  so  collected,  shall  be  paid  to  the  said  board. 

375.  Board  to  print  rides — violation  of.l  § 14.  The  said 
board  shall  cause  to  be  printed,  on  each  water  permit  issued 
to  any  party  using  the  water,  a copy  of  all  rules  and  restric- 
tions regulating  the  use  of  the  water,  which  shall  be  adopted 
by  them ; and  they  shall  further  report  a copy  thereof  to  the 
city  council,  who  shall  thereupon  pass  an  ordinance  estab- 
lishiug  such  rules  and  regulations,  and  providing  penalties 
for  their  violation,  which  penalties  may  be  enforced  in  any 
court  having  jurisdiction  of  any  offense,  against  any  of  the 
ordinances  of  said  city.  In  all  cases  where  said  water  rates 
are  not  paid,  as  required  by  this  act,  and  the  rules,  regula- 
tions and  ordinances  passed  in  pursuance  thereof,  and  in  all 
cases  where  the  rules  and  restrictions  caused  to  be  printed 
on  said  permits  by  the  said  board  are  not  complied  with,  the 
said  board  shall  have  the  right  to  stop  or  cut-off  the  supply 
of  water  from  any  person  or  persons  refusing  or  neglecting 
such  payment  or  compliance. 

376.  Commissioners  to  construct  hydrants^  etc, — assess  bene- 
fits.] § 15.  It  shall  be  the  duty  of  said  commissioners  to 
construct  hydrants  of  sufficient  size  and  capacity,  and  in 
such  localities,  as  they  shall  deem  desirable,  for  the  purpose 
of  extinguishing  fires;  and  they  shall  assess  the  houses  and 
other  buildings  in  the  vicinity  of  said  hydrants  in  the  pro- 
portion in  which  they  shall  deem  the  same  respectively 
benefited;  and  the  said  assessment  shall  be  collected  in  the 
same  manner  as  herein  provided  for  the  collection  of  the  water 
rent,  assessed  by  said  corporation. 

377.  Keep  record  of  proceedings.]  § 16.  The  said  com- 
missioners shall  keep  an  accurate  account  or  record  of  all 
proceedings,  together  with  a list  of  all  assessments  for  water 
rents,  which  shall  be  subject  to  inspection  at  all  times;  and 
may  elect  one  of  their  own  number  to  act  as  secretary  of 
said  board,  or  employ  some  other  competent  person  for  the 
purpose,  as  they  may  deem  desirable. 

378.  Duty  to  report  to  council.]  § 17.  It  shall  be  the 
duty  of  said  commissioners  to  make  report  to  the  city  council 
semi-annually,  which  report  shall  embrace  a statement  of 
the  funds  and  securities  of  said  corporation,  and  all  debts 
due  and  owing  to  and  from  said  corporation,  together  with 
an  accurate  account  of  their  expenditures,  which  statement 
shall  be  certified  by  said  commissioners  under  oath,  and 
shall  be  entered  of  record  by  the  clerk  of  the  said  city,  and 
published  in  some  newspaper  in  said  city  of  Springfield. 


148 


STATUTES  EELATING  TO 


379.  Surplus  funds — how  invested.]  §.  18.  Whenever  the 
receipts  of  the  said  corporation,  from  water  rents  and  other 
sources,  shall  accumulate  so  that  there  shall  be  a surplus, 
amounting  to  a sum  not  less  than  five  hundred  dollars,  not 
needed  for  the  current  expenses  of  the  said  corporation,  it 
shall  be  the  duty  of  the  commissioners  to  invest  the  same, 
first  in  the  payment  of  the  interest  on  said  bonds  as  it  be- 
comes due,  or  in  the  purchase  of  the  outstanding  bonds  of 
said  company,  if  they  can  be  purchased  at  or  below  par;  if 
not,  then  in  the  purchase  of  United  States  or  State  govern- 
ment stock ; or  upon  unincumbered  real  estate  in  the  county 
of  Sangamon,  of  at  least  double  the  value  of  the  amount 
loaned,  with  the  approval  of  the  mayor  and  committee  of 
finance  of  the  city  council,  or  a majority  of  them.  Such 
investment  shall  be  made  in  the  name  of  said  corporation, 
and  in  such  manner  as  to  make  the  same  available  for  the 
payment  of  the  interest  and  principal  of  the  bonds  issued 
by  them.  The  semi-annual  report  of  the  said  board  shall 
specify  in  full  the  nature  and  amount  of  the  respective 
securities  in  which  the  said  surplus  fund  is  invested. 

380.  Commissioners  not  to  he  interested  in  contracts.]  ■ 
§ 19.  No  one  or  more  of  said  commissioners,  nor  any  of 
the  officers  of  said  board,  or  any  member  of  the  city  council, 
during  the  term  for  which  they  were  elected,  shall  be  inter- 
ested, directly  or  indirectly,  in  any  contract  entered  into  by 
said  board  with  any  person,  nor  in  the  purchase  of  any 
materials  to  be  used  or  applied  in  or  about  the  uses  and 
purposes  contemplated  in  this  act. 

381.  Removal  of  commissioners — hoiv  removed.]  § 20.  The 
said  commissioners,  or  either  of  them,  may  be  removed 
from  office  by  the  judge  of  the  circuit  court  of  Sangamon 
county,  or  the  judge  of  the  circuit  in  which  Sangamon  county 
is  situated,  upon  petition  addressed  to  said  judge,  at  any 
time,  by  the  order  of  the  city  council  of  said  city.  The  said 
petition  shall  be  voted  by  a majority  of  all  the  members  of 
said  council,  and,  when  presented  to  such  judge,  shall  be 
accompanied  by  specification  of  charges  made  against  said 
commissioner  or  commissioners.  No  technical  form  shall 
be  required  for  the  statement  of  said  charges,  so  that  the 
same  are  stated  in  such  a form  as  to  be  specific  and  intel- 
ligible. The  judge  to  whom  such  petition  is  addressed,  upon 
presentation  of  said  petition,  shall  order  a copy  thereof  to 
be  filed  in  said  court  of  which  he  is  judge,  and  notice  of 
the  filing  thereof  to  be  issued  forthwith  by  the  clerk  of  said 
court  to  said  commissioner,  and  that  the  same  would  be 
taken  up  at  the  next  term  of  said  court,  after  the  service  of 
such  notice  upon  said  commissioner.  The  said  judge  shall 
sit  as  a special  commissioner  to  try  said  charges,  and  the 


THE  CITY  OF  SPRINGFIELD. 


149 


course  of  proceedings  in  said  trial  shall  be  governed  by  the 
general  rules  of  procedure  in  the  trial  of  misdemeanors  in 
the  courts  of  this  State,  excepting  that  no  jury  shall  be 
allowed.  Evidence  may  be  given  either  orally  or  by  depo- 
sition, as  in  civil  cases ; and  the  said  commissioners  may 
each  be  interrogated  upon  oath,  touching  the  matter  con- 
tained in  said  charges ; and  if  it  shall  appear,  to  the  sp.tis- 
faction  of  such  judge,  that  the  said  commissioner  or  com- 
missioners charged  as  aforesaid  have  been  guilty  of  mal- 
feasance in  office,  or  of  any  breach  of  duty,  either  of 
cornmission  or  of  omission  under  this  act,  which  shall  have 
been  charged  as  aforesaid,  the  said  judge  shall  order  the 
removal  of  any  one  or  more  of  said  commissioners ; and, 
if  the  said  judge  shall,  for  any  cause,  remove  any  one  or 
more  of  said  commissioners  from  office  before  the  expiration 
of  the  term  of  office,  the  city  council  shall  thereupon  ap- 
point a commissioner,  or  commissioners,  in  the  stead  of 
those  so  removed,  who  shall  fill  such  office  for  and  during 
the  unexpired  term  of  the  commissioner  or  commissioners 
so  removed. 

382.  Commissioners  to  make  special  report  to  the  council^ 
etc.'\  § 21.  It  shall  be  the  duty  of  said  commissioners,  ac 
least  thirty  days  before  the  time  fixed  by  the  city  ordinance 
for  assessing  city  taxes,  to  make  a special  report  to  the 
city  council  of  said  city,  what,  if  any,  sum  will  be  needed 
by  said  commissioners,  over  and  above  the  revenue  of  said 
corporation,  to  meet  the  payment  of  interest,  or  principal  of 
the  bonds,  issued  as  aforesaid;  and  it  shall  be  the  duty  of 
the  city  council,  to  raise  said  amount  by  a special  tax,  in 
the  same  manner  as  general  taxes,  to  be  designated  water 
tax;  and  the  said  amount  shall  be  paid  over  to  the  said 
corporation,  by  the  collector  of  said  city. 

383.  night  to  enter  upon  land.l  § 22.  The  said  com- 
missioners are  hereby  authorized  to  enter  upon  any  land, 
or  water,  for  the  purpose  of  making  surveys,  and  to  agree 
with  the  owner  of  any  property  which  may  be  required  for 
the  purposes  of  this  act,  as  to  the  amount  of  compensation 
to  be  paid  to  such  owmer. 

384.  Right  to  condemn  property,  etc.]  § 28.  In  case  of 
disagreement  between  the  commissioners  and  owners  of 
property,  which  may,  in  the  judgment  of  the  commission- 
ers, be  required  for  any  of  the  purposes  specified  in  this 
act,  as  to  the  amount  of  compensation  to  be  paid  such 
owners,  or  in  case  any  such  owners  shall  be  an  infant,  a 
married  woman,  or  insane,  or  absent  from  this  State ; or  in 
case  of  disagreement  between  the  said  commissioners  and 
any  owner  or  owners  of  property  touching  the  amount  of 
damages  arising  from  the  construction  of  any  part  of  the 


150 


STATUTES  RELATING  TO 


work  authorized  by  this  act,  the  said  commissioners  shall 
have  the  right  to  condemn  said  property,  or  to  have  the 
amount  of  such  damages  ascertained,  or  both ; and  the  pro- 
ceedings of  the  condemnation  of  such  property,  or  the  ascer- 
tainment of  such  damages,  or  both,  shall  conform  as  nearly 
as  may  be  to  those  specified  and  provided  in  the  act  entitled 
‘‘Ai\  act  to  amend  the  law  condemning  right  of  way  for  pur- 
poses of  internal  improvements,”  approved  June  22,  1852, 
and  the  act  or  acts  of  which  the  same  is  an  amendment. 

385.  Claims  — allowed.]  § 24.  No  account  or  claim 
against  the  said  board  shall  be  allowed,  except  by  the  vote  of 
a majority  of  the  said  board. 

386.  No  member  of  hoard  or  council  to  derive  benefit  from 
funds.]  § 25.  No  member  or  other  officer  of  said  board, 
and  no  member  of  the  city  council,  shall,  either  directly  or 
indirectly,  receive  any  interest  or  profit  whatsoever  on 
account  of  the  deposit  of  any  of  the  funds  belonging  to  the 
said  commissioners;  nor  shall  any  member  or  other  officer 
of  the  said  board,  or  any  member  of  the  city  council,  either 
directly  , or  indirectly,- make  use  . of,  or  borrow,  any  of  the 
funds  of  the  said  commissioners,  for  his  own  private  benefit 
or  advantage.  The  funds  of  the  said  commissioners  remain- 
ing on  hand,  shall,  at  all  times,  until  disposed  of,  be  kept 
deposited  in  such  place  or  places  of  deposit,  as  shall,  by  an 
order  of  said  board,  be  directed, — which  order  shall  be 
entered  upon  the  records  of  said  board.  The  said  commis- 
sioners shall  be  liable,  upon  their  bond,  for  the  loss  of  any 
or  all  money  coming  into  their  possession  or  control,  as 
such  commissioners. 

387.  Drawing  out  funds — register  of  checks^  etc.]  § 26. 
The  funds  of  the  said  board  shall  be  drawn  out  upon  checks 
or  drafts,  regplarly  numbered,  and  payable  to  the  order  of 
the  respective  person  or  persons  for  whose  benefit  the  same 
are  intended,  and  briefly  specifying  for  what  purposes  or 
account  the  same  are  drawn.  A careful  register  of  the 
checks  or  drafts  shall  be  kept  in  the  office  of  said  board, 
and  the  original  checks  or  drafts,  when  returned  to  said 
board,  shall  be  carefully  filed  and  preserved  among  the 
vouchers  of  the  said  board;  and  the  said  register  aud  the 
said  returned  checks  or  drafts  shall  always  be  subject  to  the 
examination  of  the  finance  or  any  other  committee  appointed 
by  the  city  council  for  such  purpose,  and  it  shall  be  the 
duty  of  the  said  finance  committee,  or  some  other  committee, 
or  of  such  other  person  or  persons  as  may  be  appointed  by 
the  city  council  for  such  purpose,  to  examine  the  said 
register,  and  the  cash  accounts,  and  the  checks  and  drafts 
of  the  said  board,  at  least  once  in  three  months,  and  oftener 
if  the  city  council  shall  deem  it  expedient. 


THE  CITY  OF  SPEINGFIELD. 


151 


388.  Books  of  account — finance  cuinmittec  to  examine.] 
§ 27.  It  shall  be  the  duty  of  the  said  commissioners  to 
keep  books  of  account,  showing  with  entire  accuracy  the 
amount  of  the  receipts  and  expenditures  of  such  board  in 
such  manner  as  to  enable  the  same  to  be  readily  understood 
and  investigated,  and  also  to  carefully  preserve  on  file  in 
their  office,  vouchers  for  all  their  expenditures ; which  books 
and  vouchers  shall,  at  all  times,  be  open  to  the  examination 
of  the  finance  committee  of  the  city  council,  or  any  other 
committee,  person  or  persons  appointed  by  the  city  council 
for  such  purpose  ; and  it  shall  be  the  duty  of  the  said  finance 
committee,  or  any  special  committee  appointed  for  such  pur- 
pose, at  the  time  of  the  presentation  of  the  semi-annual 
reports  of  the  said  board  to  the  city  council,  as  herein  pro- 
vided, to  make  a thorough  examination  of  the  books, 
accounts  and  vouchers  of  the  said  corporation,  and  to  report, 
in  writing,  to  the  city  council  the^results  of  said  investiga- 
tion. 

389.  Commissioners  to  elect  superintendent,  etc.]  § 28. 
The  said  commissioners,  as  soon  as  they  shall  have  decided 
by  lot  their  respective  terms,  and  they  and  their  successors, 
annually  thereafter,  on  the  first  Monday  of  May,  shall  elect 
a superintendent,  who  shall  perform  all  such  duties  and 
acts  as  they,  the  said  commissioners,  have  the  power  to 
perform  by  virtue  of  this  act,  and  as  they  may  adopt  by 
written  order,  and  assign  to  such  commissioner  [superin- 
tendent]. The  superintendent  so  elected  may  be  removed  at 
any  time  by  a vote  of  all  the  members  of  the  board. 

390.  Contracts — how  executed.]  § 29.  All  contracts  made 
and  entered  into  by  and  with  the  said  board  shall  be  made 
in  writing,  and  of  each  contract  two  copies  shall  be  taken, 
which  shall  be  numbered  and  endorsed  with  the  date  of 
the  contract,  and  with  the  name  of  the  contractors  and  a 
summary  of  the  work  to  be  done  or  materials  to  be  fur- 
nished, one  copy  of  which  shall  be  retained  by  the  said 
commissioners,  and  the  other  copy  of  which  shall  be  filed 
with,  and  kept  and  preserved  by,  the  clerk  of  said  city, 
among  the  files  of  said  office. 

391.  Commissioners  to  control  lands  and  ivorks.]  § 30. 
The  said  commissioners,  after  they  shall  have  decided  by 
lot  their  respective  terms,  shall  succeed  to,  and  take  the 
control  of,  the  Springfield  w'ater- works,  (contract  for  the  build- 
ing of  which  has  been  entered  into  by  and  between  the  city 
of  Springfield  and  Ennis  and  Eastman),  and  also  to  suc- 
ceed to  and  take  the  control  of  such  lot  or  lots  of  land  as 
have  been  or  may  be  purchased  or  procured  for  the  use 
of  said  works;  said  commissioners  shall  have  the  same 


152 


STATUTES  RELATING  TO 


powers,  rights  and  privileges,  with  respect  to  - the  control 
and  regulation  of  said  lands  and  works,  that  said  board 
would  have  had,  had  the  lot  or  lots  referred  to  been  pur- 
chased by  said  commissioners,  and  the  work  contracted  for 
with  them,  and  by  their  authority,  under  this  act : Provided, 
that  nothing  in  this  act  shall  be  construed  so  as  to  interfere 
with  or  invalidate  said  contract ; nor  shall  anything  con- 
tained in  this  act  release  or  impair  any  of  the  obligations 
or  provisions  of  that  or  any  other  contract,  by  and  with  the 
said  city  of  Springfield,  in  relation  to  said  water-works. 

392.  Council  to  fix  salary  of.]  § 31.  The  salary  of  said  • 
commissioners  and  superintendent  shall  be  fixed  by  the 
city  council  of  said  city,  from  time  to  time,  as  soon  as  may 
be  after  the  passage  of  this  act;  and  after  each  election  as 
herein  provided  ; and  the  amount  of  such  salary  shall  not 
be  reduced  during  the  term  for  which  said  commissioners 
shall  be  elected. 

393.  Commissioners  shall  give  bond.]  § 32.  Each  com- 
missioner, before  entering  upon  the  duties  of  his  office,  shall 
give  bond  to  said  city,  in  such  sum,  and  with  surety,  to  the 
satisfaction  of  the  city  council  of  said  city,  conditioned  for 
the  faithful  performance  of  his  duties  as  such  commissioner, — 
the  amount  of  which  bond  may  be  increased  at  any  time,  as 
the  said  city  council  may  deem  expedient;  and  the  city 
council  shall  have  the  power  to  require  the  superintendent 
to  give  such  bond  to  said  city,  as  it  shall  deem  necessary 
and  expedient. 

394.  City  council  may  pass  ordinances  to  preserve  property, 
etc.]  § 33.  The  city  council  may  pass  such  ordinances  as 
they  shall  deem  necessary  for  the  preservation  of  the  property 
of  the  said  board,  and  the  water  procured  by  said  corpora- 
tion, and  annex  such  penalties  in  such  amounts  as  they 
shall  deem  appropriate,  not  exceeding  the  sum  of  one 
hundred  dollars.  Said  penalties  may  be  collected  before  any 
police  magistrate  of  said  city,  as  other  penalties  are  col- 
lected, for  violations  of  the  ordinances  of  said  city,  whether 
said  injury  to  said  property,  or  water,  shall  be  to  the 
property  or  water  within  or  without  the  city  limits,  and 
within  the  county  of  Sangamon : Provided,  that  nothing  con- 
tained in  this  section,  or  in  any  ordinance  passed  in  pur- 
suance thereof,  shall  deprive  the  proper  party  of  the  right 
to  have  and  maintain  the  proper  action  for  damages  caused 
by  said  injury,  or  of  any  person  to  prosecute  the  offender 
for  a violation  of  the  criminal  code  of  this  State,  in  its  com- 
mission. 

395.  Contracts — notice  to  be  given.]  § 34.  Public 
notice  shall  be  given  of  the  time  and  place  at  which  sealed 


THE  CITY  OF  SPRINGFIELD. 


153 


proposals  will  be  received  for  entering  into  all  contracts 
with  said  corporation;  all  proposals  for  contracts  shall  be 
sealed,  and  be  for  a sum  certain,  as  to  the  price  to  be  paid 
or  received,  and  no  proposition  which  is  not  thus  definite 
and  certain  shall  be  received  or  acted  upon. 

396.  Entering  into  contract — security,]  § 35.  Every  per- 
son who  shall  enter  into  any  contract  shall  give  satisfactory 
security  to  the  commissioners  for  the  faithful  performance 
of  his  contract,  according  to  its  terms. 

397.  Inconsistent  acts  repealed.]  § 86.  All  acts  or  parts 
of  acts  heretofore  in  force,  and  inconsistent  with  the  pro- 
visions of  this  act,  are  hereby  repealed. 

398.  To  take  effect  from  passage.]  § 37.  This  act  shall 
take  effect  from  and  after  its  passage. 


AN  ACT  to  amend  an  act’entitled  “An  act  to  incorporate  the  Springfield  Water- 

Works  Company,”  approved  February  21, 1861.  [Approved  February  21, 1863. 

—Private  laws  of  1863,  page  165.1 

399.  Part  oj  section  second  of  water-works  charter  repealed.] 
§ 1.  Be  it  enacted  hy  the  People  of  the  State  of  Illinois ^ 
represented  in  the  General  Assembly,  That  so  much  of  section 
second  of  said  act  to  incorporate  the  Springfield  Water- 
works Company,  approved  February  21,  1861,  as  requires  a 
board  of  water  commissioners  to  be  elected  on  the  first 
Tuesday  of  April,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-four,  and  on  the  first  Tuesday  of 
April  annually  thereafter,  is  hereby  repealed. 

400.  City  council  may  order  an  election  of  commissioners 
at  any  time.]  § 2.  The  city  council  of  the  city  of  Spring- 
field  may  order  an  election,  at  any  time  hereafter,  for  said 
board  of  water  commissioners,  when  said  council  may  deem 
it  expedient. 

401.  When  to  take  effect.]  § 3.  This  act  shall  take  effect 
and  be  in  force  from  and  after  its  passage. 


AN  ACT  to  amend  an  act  entitled  “An  act  to  incorporate  the  Springfield  Water- 
works Company.”  approved  February  21, 1861.  [Approved  February  19,  1867. 
—Private  laws  of  1867,  vol.  3,  page  679.1 

402.  Poicer  to  borrow  additional  sum — issue  bonds.  § 1. 
The  board  of  commissioners  shall  have  power  to  borrow,  from 
time  to  time,  as  they  and  the  city  council  shall  deem  ex- 
pedient, a sum  not  exceeding  two  hundred  and  fifty  thous- 
and dollars,  in  addition  to  the  amount  already  authorized 
to  be  borrowed  by  the  act  to  which  this  is  an  amendment. 
The  said  commissioners,  by  and  with  the  approval  of  the 
city  council  of  said  city,  shall  have  power  to  issue  bonds, 


154  STATUTES  RELATING  TO  THE  CITY  OF  SPRINGFIELD. 

pledging  the  faith  and  credit  of  said  city  for  the  payment 
of  the  principal  and  interest  of  said  bonds,  which  bonds 
shall  be  issued  under  the  corporate  seal  of  the  city  of  Spring- 
field,  and  signed  by  the  mayor  and  comptroller,  and  may 
be  made  payable  at  such  place  and  such  manner  as  they 
shall  deem  expedient,  and  bear  interest  not  exceeding  eight 
per  cent,  per  annum. 

403.  Poiver  to  build  dam  at  river,  and  to  condemn  lands.'] 
§ 2.  Said  commissioners  shall  have  power  to  build  a dam 
across  the  Sangamon  river,  or  such  aqueducts  into  such 
river,  at  such  point  as  they  shall  deem  most  convenient  and 
desirable,  and  to  make  all  necessary  excavations,  and  to 
erect  all  necessary  buildings  at  the  said  river,  and  to  con- 
demn land  for  that  purpose,  and  to  procure  the  right  of  way 
from  such  point  as  they  shall  agree  upon  at  said  river, 
across  all  lands  between  the  same,  and  such  parcels  of  land 
as  they  shall  fix  upon  at  the  city  of  Springfield,  for  the 
laying  down  of  all  necessary  pipes,  and  for  such  purpose 
they  shall  have  the  right  to  take  and  condemn  private 
property,  and  may  also  take  and  condemn  private  property 
for  a roadway  along  the  line  of  their  water  pipe. 

404.  Inconsistent  acts  repealed.]  § 3.  All  acts  or  parts 
of  acts  heretofore  in  force,  and  inconsistent  with  the  pro- 
visions of  this  act,  are  hereby  repealed. 

405.  In  force  from  passage.]  § 4.  This  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


GENERAL  ORDINANCES 


OP  TEE 


CITY  OF  SPRINGFIELD. 


AN  ORDINANCE: 


In  Eevision  and  Consolidation  of  the  General  Ordinances 
OF  THE  City  of  Springfield. 


Whekeas,  It  is  necessary  that  the  general  ordinances  of  the  City  of  Spring- 
field  should  be  revised; 

And  Whekeas,  It  is  expedient  that  they  should  be  consolidated  and 
arranged  in  appropriate  chapters,  articles  and  sections,  and  that  the  whole 
should  be  made  as  concise,  clear  and  intelligible  as  possible;  therefore, 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield,  as  follows: 


CHAPTER  I. 

Article  I. 

THE  MAYOR  AND  HIS  DUTIES. 

Sec.  1.  The  mayor  of  the  city  of  Springfield,  before  enter- 
ing upon  the  duties  of  his  office,  shall  execute  a bond  to  said 
city  in  the  penal  sum  of  five  thousand  dollars,  with  such 
sureties  as  the  city  council  shall  approve,  conditioned  for 
the  faithful  performance  of  the  duties  of  the  office. 

2.  The  mayor  shall  keep  his  office  at  the  city  hall,  or  at 
such  other  place  in  said  city  as  may  be  provided  by  the 
city  council,  and  he  shall  attend  there  for  the  transaction 
of  the  business  pertaining  to  said  office. 

3.  The  mayor  shall  sign  all  commissions,  licenses  and 
permits  granted  by  authority  of  the  city  council,  except  as 
otherwise  provided,  and  such  other  acts  and  deeds  as  by  law 
or  ordinance  may  require  his  official  signature. 

4.  The  mayor  shall  grant  licenses  for  the  purposes 
authorized  by  this  ordinance,  to  such  residents  of  the  city 
or  other  persons,  duly  qualified  according  to  ordinance,  as 
he  may  deem  proper,  unless  the  city  council  shall  otherwise 
designate  and  provide,  and  he  may  revoke  the  same  for 
cause. 


1g8 


GENERAL  ORDINANCES  OF 


5.  The  mayor  shall  supervise  the  conduct  of  all  officers 
of  the  corporation,  inquire  into  all  reasonable  complaints 
made  against  them  or  any  of  them,  and  cause  all  their 
neglects  or  violations  of  official  duty  to  be  promptly  cor- 
rected, or  reported  to  the  proper  tribunal  for  punishment. 

6.  The  mayor  shall  appoint,  by  and  with  the  advice  and 
consent  of  the  city  council,  all  officers  of  said  city  whose 
appointment  is  not  otherwise  provided  for  by  law ; and  when- 
ever a vacancy  shall  occur  in  any  office,  which  by  law  or 
ordinance  he  is  empowered  and  required  to  fill,  he  shall, 
within  thirty  days  after  the  happening  of  such  vacancy, 
communicate  to  the  city  council  the  name  of  his  appointee 
to  such  office,  and  pending  the  concurrence  of  the  council 
in  such  appointment,  he  may  designate  some  suitable  person 
to  discharge  the  functions  of  such  office. 

7.  In  addition  to  the  above  and  foregoing,  and  to  the 
duties  imposed  upon  him  by  law,  the  mayor  shall  perform 
all  such  other  duties,  pertaining  to  his  office,  as  are  or  may 
be  required  of  him  by  the  ordinances  of  said  city. 


THE  CITY  OF  SPRINGFIELD. 


159 


CHAPTER  II. 

LEGISLATIVE  DEPAETMENT. 

Article  I.  The  City  Council. 

II.  The  City.Clerk. 


Article  I. 

THE  city  council. 

Sec.  8.  The  regular  stated  meetings  of  the  city  council 
of  the  city  of  Springfield,  shall  be  held  in  the  council 
chamber,  at  the  city  hall,  on  the  first  Monday  in  each  and 
every  month,  at  7;  30  o’clock  P.  M.,  except  when  said  first 
Monday  may  happen  to  be  a public  holiday,  in  which  case 
the  council  shall  meet  at  the  same  hour  on  the  next  day 
following;  and  adjourned  meetings  maybe  held  for  the  pur- 
pose of  completing  the  unfinished  business  of  the  regular 
meetings  at  such  time  or  times  as  may  be  determined  by 
the  council. 

9.  Special  meetings  of  the  city  council  may  be  called  by 
the  mayor  or  any  three  aldermen,  by  notification  in  writing 
to  each  member  of  the  council,  served  personally  or  left  at 
his  usual  place  of  abode,  stating  the  object  and  purpose  of 
such  meeting;  but  iio  business  shall  be  transacted  at  any 
special  meeting,  except  such  as  the  meeting  was  called  for 
and  notification  given  thereof,  unless  by  a vote  of  three- 
fourths  of  all  the  aldermen  elected. 

10.  A majority  of  the  aldermen  elected  to  the  city  coun- 
cil shall  constitute  a quorum  for  the  transaction  of  business ; 
but  a smaller  number  may  adjourn  from  time  to  time,  and 
may  compel  the  attendance  of  absentees  under  such  penal- 
ties as  may  be  prescribed  by  ordinance. 

11.  No  vote  of  the  city  council  shall  be  reconsidered  or 
rescinded  at  any  special  meeting  thereof,  unless  at  such 
special  meeting  there  shall  be  present  as  many  aldermen  as 
were  present  when  such  vote  was  taken. 

12.  The  standing  committees  of  the  city  council  shall  be 
annually  appointed  by  the  mayor,  and  he  shall  be  author- 
ized to  fill  vacancies  occurring  in  any  of  said  committees. 


160 


GENERAL  ORDINANCES  OF 


13.  Any  report  of  a committee  of  the  city  council  shall 
be  deferred,  for  final  action  thereon,  to  the  next  regular 
meeting  of  the  same  after  the  report  is  made,  upon  the 
request  of  any  two  aldermen  present. 

14.  Every  committee  of  the  city  council,  in  reporting 
upon  any  subject  referred  to  them,  shall  attach  to  their 
report  all  papers  or  documents,  in  the  possession  of  the 
committee,  relative  to  the  matters  so  referred. 


Article  II. 

THE  CITY  CLERK. 

15.  The  city  clerk,  before  he  enters  upon  the  duties  of 
his  office,  shall  execute  a bond  to  the  city  of  Springfield  in 
the  penal  sum  of  ten  thousand  dollars,  with  such  sureties 
as  shall  be  approved  by  the  city  council,  conditioned  for  the 
faithful  performance  of  the  duties  of  the  office,  and  the  pay- 
ment of  all  moneys  that  may  be  received  by  him,  according 
to  law  and  the  ordinances  of  said  city ; which  bond  shall  be 
filed  with  the  city  treasurer. 

16.  He  shall  keep  his  office  at  the  city  hall,  or  at  such 
other  place  as  the  city  council  may  direct,  and  his  office 
hours  shall  be  from  eight  o’clock  A.  M.,  to  twelve  M.,  and 
from  one  o’clock  P.  M.,  until  five  o’clock  P.  M.,  of  each 
working  day. 

17.  The  city  clerk  shall  attend  all  meetings  of  the  city 
council,  and  shall  keep  in  a suitable  book,  to  be  styled  the 
“Journal  of  the  City  Council,”  a full  and  faithful  record  of 
its  proceedings.  He  shall  issue  and  cause  to  be  served  upon 
the  aldermen,  notices  of  all  special  meetings  of  the  city 
council ; also  notices  to  the  members  of  the  different  com- 
mittees of  that  body,  and  to  all  other  persons  whose  attend- 
ance may  be  required  before  any  such  committee,  when  so 
directed  by  the  chairman  thereof. 

18.  Said  clerk  shall,  without  delay,  upon  the  adjourn- 
ment of  each  meeting  of  the  city  council,  deliver  to  the 
several  committees  of  that  body,  and  to  the  officers  of  the 
corporation,  all  petitions,  communications,  reports,  resolu- 
tions, orders,  claims  and  other  papers,  referred  to  those 
committees  or  officers  by  the  council.  He  shall  also,  with- 
out delay,  deliver  to  the  mayor  all  ordinances  or  resolutions, 
in  his  charge,  which  may  require  to  be  approved  or  other- 
wise acted  upon  by  the  mayor. 

19.  Said  clerk  shall  prepare  all  commissions,  licenses, 
permits,  and  other  official  documents  required  to  be  issued 


THE  CITY  OF  SPRINGFIELD. 


161 


by  him,  under  the  laws  and  ordinances  of  the  city,  and  shall 
attest  the  same  with  the  corporate  seal;  and  he  shall,  in 
like  manner,  attest  all  deeds  for  the  sale  of  real  estate  owned 
and  conveyed  by  said  city. 

20.  It  shall  be  the  duty  of  the  clerk,  on  the  first  day  of 
each  and  every  month,  to  report  to  the  city  comptroller,  in 
writing,  the  name  of  each  alderman,  and  the  number  of 
meetings  of  the  city  council  attended  by  such  alderman 
during  the  preceding  month. 

21.  The  city  clerk  shall  be  ex-officio  clerk  of  Capital  town- 
ship, and  shall  keep  a separate  record  of  all  the  proceedings 
of  the  city  council  in  relation  to  said  township — the  same 
lying  and  being  within  the  corporate  limits  of  the  city  of 
Springfield. 

22.  He  may,  when  necessary,  and  upon  being  authorized 
by  the  city  council,  appoint  a deputy,  who,  during  the  tem- 
porary absence  or  disability  of  the  clerk,  shall  be  empowered 
to  perform  ail  the  duties  of  the  city  clerk. 

23.  He  shall  carefully  preserve  in  his  office  all  books, 
records,  papers,  maps  and  effects  of  every  description,  be- 
longing to  the  city  and  appertaining  to  said  office  ; and  upon 
the  expiration  in  any  way  of  his  official  term,  he  shall,  on 
demand,  deliver  all  such  books,  records,  papers  and  effects 
to  his  successor  in  office. 

24.  In  addition  to  the  foregoing  duties,  the  city  clerk 
shall  perform  all  such  other  and  further  duties,  pertaining 
to  his  office,  as  are  or  may  be  imposed  upon  him  by  law  or 
ordinance. 


—11 


162 


GENERAL  ORDINANCES  OF 


CHAPTER  III. 


DEPAETMENT  OF  FINANCE. 

Abticle  I.  Finance— Fiscal  Year. 

II.  The  City  Comptroller. 

III.  The  City  Treasurer. 

IV.  The  City  Collector. 

V.  The  Finance  Committee. 


Article  I. 

FINANCE — FISCAL  YEAR. 

Sec.  25.  There  is  hereby  established  an  executive  depart- 
ment of  the  municipal  government  of  the  city  of  Springfield, 
which  shall  be  known  as  the  “Department  of  Finance,”  and 
which  shall  have  control  of  the  fiscal  concerns  of  said  city 
in  the  manner  as  hereinafter  provided. 

26.  Said  department  of  finance  shall  embrace  the  city 
comptroller,  the  city  treasurer,  the  city  collector,  and  the 
finance  committee  of  the  city  council.  The  comptroller  shall 
.be  the  head  of  said  department,  and  shall  have  the  manage- 
ment of  all  matters  and  things  pertaining  thereto. 

27.  The  fiscal  year  of  the  city  of  Springfield  shall  com- 
mence on  the  first  day  of  March  in  each  and  every  year, 
beginning  March  1,  1884. 


Article  II. 

THE  CITY  COMPTROLLER. 

28.  There  is  hereby  created  the  office  of  city  comptroller 
of  said  city.  He  shall  hold  his  office  for  the  term  of  one 
year,  and  until  his  successor  shall  be  appointed  and  qualified. 

29.  The  city  comptroller  shall  be  appointed  by  the  mayor, 
by  and  with  the  advice  and  consent  of  the  city  council,  on 
the  first  Monday  in  May,  1884,  or  as  soon  thereafter  as  may 
be,  and  annually  thereafter. 


THE  CITY  OF  SPRINGFIELD. 


163 


30.  He  shall,  before  entering  upon  the  duties  of  his 
office,  take  the  oath  or  affirmation  prescribed  by  law  for  city 
officers,  and  shall  execute  a bond  to  the  city  of  Springfield 
in  the  penal  sum  of  twenty-five  thousand  dollars,  with  such 
sureties  as  the  city  council  shall  approve,  conditioned  for 
the  faithful  performance  of  the  duties  of  the  office,  and  the 
payment  of  all  moneys  that  may  be  received  by  him  as  such 
comptroller,  according  to  law  and  the  ordinances  of  said  city. 

31.  The  city  comptroller  shall  have  and  exercise  a general 
supervision  over  all  officers  of  the  city  charged  in  any  man- 
ner with  the  receipt,  collection  or  disbursement  of  the  corpo- 
ration revenues,  and  the  collection  and  return  of  such  revenues 
into  the  city  treasury.  He  shall  be  the  fiscal  and  purchasing 
agent  of  said  city,  and  as  such  shall  have  the  charge  and 
custody  of  all  deeds,  bonds,  contracts,  mortgages,  notes, 
warrants,  vouchers,  books  and  papers,  belonging  to  the  city, 
except  such  as  by  law  or  ordinance  are  directed  to  be 
deposited  or  kept  elsewhere;  and  he  shall  possess  and  pre- 
serve all  special  assessment  warrants,  except  warrants  for 
the  collection  of  water  rents,  and  the  returns  thereon  made 
by  any  collector  or  receiver  of  special  taxes  or  special 
assessments. 

32.  Said  comptroller  shall  have  supervision  over  the  city 
debts,  contracts,  bonds,  obligations,  loans  and  liabilities,  the 
payment  of  interest,  and  over  all  the  property  of  said  city, 
and  the  sale  or  disposition  thereof;  over  all  legal  or  other 
proceedings  in  which  the  interests  of  the  city  are  involved, 
and  shall  have  authority,  with  the  approval  or  concurrence 
of  the  mayor,  to  institute  or  discontinue  such  proceedings, 
and  to  employ  additional  counsel,  in  special  cases,  when  he 
thinks  the  interests  of  the  city  require  it ; and  generally,  in 
subordination  to  the  mayor  and  city  council,  to  exercise 
supervision  over  all  such  interests  of  said  city  as  may  con- 
cern or  relate  to  its  finances,  revenues  or  property. 

33.  Said  comptroller  shall,  under  the  direction  of  the 
finance  committee,  open  and  keep,  in  a neat  and  methodical 
manner,  a complete  set  of  books,  in  which,  among  other 
things,  shall  be  set  forth  the  appropriations  of  the  fiscal 
year  for  each  distinct  object  and  branch  of  expenditure,  and 
also  the  receipts  from  each  and  every  source  of  revenue,  so 
far  as  he  can  ascertain  the  same.  Said  books,  and  all  con- 
tracts, bonds,  deeds,  warrants,  vouchers,  receipts,  and  other 
papers  kept  in  said  office,  shall  be  subject  to  the  examina- 
tion of  the  mayor,  the  members  of  the  city  council,  or  any 
committee  thereof. 

34.  Said  comptroller  shall  revise  and  audit  all  accounts 
or  claims  allowed  by  the  city  council,  and  all  other  accounts 


164 


GENERAL  ORDINANCES  OF 


in  which  the  corporation  is  concerned,  either  as  debtor  or 
creditor,  where  provision  for  their  adjustment  is  not  other- 
wise made  and  provided  for  by  law  or  ordinance ; and  upon 
ascertaining  the  amount  due  to  any  person  or  persons,  he 
shall  draw  his  warrant  in  due  form  upon  the  city  treasurer 
therefor.  But  if,  upon  the  examination  of  any  such  account 
or  claim,  he  shall  have  reason  to  doubt  its  correctness,  it 
shall  be  his  duty  to  submit  the  same  to  the  finance  com- 
mittee for  its  decision  thereon,  or  else  make  report  thereof 
to  the  city  council. 

35.  In  making  such  adjustments  and  settlements,  and  for 
the  purpose  of  ascertaining  the  true  state  of  any  balance  or 
balances  due,  the  comptroller  shall  be  authorized  to  require 
any  claimant  or  claimants  to  file  with  him  a statement,  in 
writing,  under  oath,  as  to  any  fact,  matter  or  thing,  con- 
cerning the  correctness  of  any  account,  claim  or  demand ' 
presented  against  the  city. 

36.  He  shall  keep,  in  a suitable  book,  an  accurate  list 
of  all  warrants  drawn  upon  the  city  treasurer,  showing  the 
date,  number  and  amount  of  each,  and  the  name  of  the  per- 
son in  whose  favor  drawn;  and  he  shall  take  the  receipt  of 
every  person  for  the  warrant  upon  the  delivery  thereof.  All 
warrants  drawn  upon  the  treasurer  shall  be  signed  by  the 
mayor  and  countersigned  by  the  comptroller,  and  shall  specify 
therein  the  particular  fund  or  appropriation  to  which  the 
same  is  chargeable,  and  the  person  to  whom  payable ; and 
no  money  shall  be  otherwise^paid  than  upon  such  warrants 
so  drawn. 

37.  The  city  comptroller  shall  require  all  officers  charged 
in  any  manner  with  the  receipt,  collection  or  disbursement 
of  the  city  revenues,  to  submit  monthly  reports,  in  writing, 
showing  in  detail  all  such  receipts,  collections  and  disburse- 
ments, and  to  file  the  same  in  his  office ; and  if  any  such 
officer  shall  neglect  to  make  such  report,  or  to  adjust  his 
accounts,  whenever  so  required  by  the  comptroller,  and  to 
pay  over  to  the  proper  officer  any  moneys  in  his  possession 
belonging  to  the  city,  it  shall  be  the  duty  of  said  comp- 
troller to  cause  a written  notice  to  be  served  upon  such 
officer  and  his  sureties,  demanding  a settlement  of  his  accounts 
with  the  city  forthwith ; and  in  case  of  the  neglect  or  refusal 
of  such  officer  to  make  such  settlement  and  pay  over  said 
moneys  for  a period  of  ten  days  after  the  service  of  said 
notice,  the  comptroller  shall  report  such  officer  to  the  mayor, 
for  his  action  in  the  matter;  and  proceedings  shall  be  at 
once  instituted  against  such  delinquent  officer  and  his  sureties 
for  the  recovery  of  any  moneys  due  said  city. 


THE  CITY  OF  SPKINGFIELD. 


165 


38.  Said  comptroller  shall  keep  a detailed  account  of  the 
city  revenue,  and  of  each  separate  fund,  crediting  the  same 
with  all  receipts  or  appropriations,  and  charging  it  with  all 
warrants  drawn  thereon,  and  he  shall  charge  each  warrant 
to  the  fund  or  appropriation  against  which  it  is  drawn.  He 
shall  also  keep  an  accurate  account  of  all  debts  due  from  or 
owing  to  the  city,  and  shall  keep  a book  in  which  he  shall 
enter  a correct  list  of  all  bonds,  notes  or  other  obligations 
given  by  or  payable  to  said  city,  with  the  date  thereof,  the 
person  to  whom  or  by  whom  payable,  the  rate  of  interest, 
the  time  and  manner  in  which  the  principal  and  interest 
are  payable,  and  such  other  particulars  as  may  be  necessary 
to  the  full  understanding  thereof. 

39.  Whenever  any  appropriation  or  fund  is  exhausted, 
the  comptroller  shall,  without  delay,  notify  the  city  council 
thereof,  and  he  shall  not  thereafter  draw  any  warrant  against 
such  fund  or  appropriation  until  the  same  shall  be  renewed. 

40.  It  shall  be  the  duty  of  said  comptroller  to  transfer 
and  place  to  the  credit  of  the  general  fund  all  unexpended 
balances  of  appropriations  remaining  at  the  close  of  each 
fiscal  year:  Provided,  that  no  such  transfer  shall  be  made 
or  disposition  ordered  of  any  trust  fund,  or  any  fund  arising 
from  special  assessment  or  special  taxation,  nor  in  cases 
where  contracts  have  been  made  or  liabilities  incurred  on 
account  of  any  such  appropriation  and  remain  uncompleted 
or  unpaid  at  the  close  of  the  fiscal  year,  nor  of  any  fund 
created  for  any  purpose  or  the  payment  of  any  liability 
exclusively  provided  for  by  taxation. 

41.  Said  comptroller  shall  keep  in  his  office,  in  a book 
provided  expressly  for  that  purpose,  to  be  known  as  the 
‘‘Bond  Kegister,”  a full  and  correct  list  of  all  the  outstand- 
ing bonds  of  said  city,  showing  the  number,  amount,  date 
of  issue,  time  of  maturity,  rate  of  interest,  and  place  of 
payment  of  each  bond,  and  for  what  and  to  whom  the  same 
was  issued ; and  when  any  city  bonds  are  surrendered,  can- 
celed or  paid,  said  register  shall  show  the  fact;  and,  in  his 
annual  report  to  the  city  council,  the  comptroller  shall  de- 
scribe particularly  the  bonds  sold,  exchanged  or  redeemed 
during  the  fiscal  year,  and  give  an  itemized  statement  of 
the  expenses  thereof. 

42.  Said  comptroller  shall  keep,  in  his  office,  a correct 
list  of  all  local  or  public  improvements  ordered  by  the  city 
council,  and  let  under  contract|by  the  city ; and  all  contracts 
and  specifications  therefor  made  by  authority  of  the  city 
council,  or  by  any  officer  of  the  corporation  pursuant  thereto, 
in  relation  to  such  improvements,  shall  be  filed  in  the 
comptroller’s  office;  and  no  such  contract  shall  be  valid 
unless  countersigned  by  said  comptroller. 


166 


GENERAL  ORDINANCES  OF 


43.  The  city  comptroller  shall  be  authorized,  and  it  is 
hereby  made  his  duty,  to  attend  all  sales  of  real  estate  in 
said  city,  made  under  proceedings  in  the  county  court  of 
Sangamon  county,  to  enforce  the  collection  of  any  special 
tax  or  special  assessment,  levied  and  assessed  by  ordinance 
of  the  city  council,  for  any  public  improvement,  and  to  bid 
at  such  sales  on  behalf  of  the  city. 

44.  A.11  licenses,  when  issued,  shall  be  presented  to  the 
comptroller,  who  shall  countersign  the  same,  and  shall  enter, 
without  fee,  in  a book  to  be  kept  by  him  for  that  purpose, 
the  name  of  each  person  licensed,  for  what  purpose  licensed, 
the  date  and  number  of  the  license,  the  amount  paid  for 
the  same,  and  the  time  of  the  expiration  thereof. 

45.  The  city  comptroller  shall,  on  or  before  the  first 
Monday  in  each  and  every  month,  make  out  and  submit  to 
the  city  council  a statement  or  report,  in  writing,  of  all  the 
moneys  received  and  warrants  drawn  by  him  during  the 
preceding  month,  showing  therein  from  what  sources  and  on 
what  account  said  moneys  were  received,  and  for  what  pur- 
pose and  on  what  account  said  warrants  were  drawn  or 
paid. 

46.  Said  comptroller  shall,  within  twenty  days  after  the 
first  day  of  March,  in  each  year,  make  out  an  annual  re- 
port, for  publication,  giving  a detailed  statement  of  all  the 
receipts  and  revenues  of  said  city  during  the  preceding  fiscal 
year.  Said  report  shall  also  detail  the  resources  and  lia- 
bilities of  the  city,  the  condition  of  all  unexpended  appro- 
priations and  contracts  unfulfilled,  the  balance  of  money 
then  remaining  in  the  treasury,  with  all  sums  due  and  out- 
standing; the  names  of  all  persons  who  may  have  become 
defaulters  to  the  city,  and  the  amount  of  such  default,  and 
all  other  matters  necessary  to  exhibit  the  true  financial  con- 
dition of  the  city ; which  report,  when  examined  and  approved 
by  the  finance  committee,  shall  be  published  by  the  comp- 
troller, without  delay. 

47.  In  addition  to  his  other  duties,  the  said  comptroller 
shall,  on  or  before  the  fifteenth  day  of  May,  in  each  year, 
and  before  the  annual  appropriations  are  made  by  the  city 
council,  submit  to  said  council  a statement  of  his  estimates, 
as  nearly  as  may  be,  of  the  moneys  necessary  to  defray  the 
expenses  of  the  corporation  during  the  current  fiscal  year. 
He  shall,  in  said  report,  classify  the  different  objects  and 
branches  of  expenditure,  giving  the  amount  required  for 
each,  as  nearly  as  may  be ; and  for  the  purpose  of  making 
such  report,  he  is  authorized  to  require  of  all  city  officers 
statements  of  the  condition  and  expenses  of  their  respective 
offices  or  departments,  with  any  proposed  improvements. 


THE  CITY  OF  SPRINGFIELD. 


167 


and  the  probable  expenses  thereof,  and  of  all  contracts  made 
and  uncompleted,  and  the  amount  of  any  and  all  unex- 
pended appropriations  of  the  preceding  fiscal  year.  He  shall 
also  in  such  report,  show  the  aggregate  income  of  the  pre- 
ceding fiscal  year  from  all  sources,  the  amount  of  liabilities 
outstanding  upon  which  interest  is  to  be  paid,  the  bonds 
and  debts  payable  during  the  year,  when  due  and  when  pay- 
able ; and  he  shall  give  therein  such  other  information  to 
the  city  council  as  he  may  deem  necessary,  to  the  end  that 
said  council  may  fully  understand  the  money  exigencies  and 
demands  upon  the  city  for  the  current  year. 

48.  Upon  the  expiration  of  his  term  of  office,  or  his 
resignation  thereof  or  removal  therefrom,  the  city  comptroller 
shall,  on  demand,  deliver  to  his  successor  in  office  all  pro- 
perty, books,  records,  papers,  and  effects  of  every  descrip- 
tion, in  his  possession,  belonging  to  the  city,  or  appertaining 
to  his  said  office. 


Article  III. 

THE  CITY  TREASURER. 

49.  The  city  treasurer,  before  he  enters  upon  the  duties 
of  his  office,  shall  execute  a bond  to  the  city  of  Springffeld 
in  a penal  sum  not  less  than  the  amount  of  the  estimated 
city  tax  and  special  assessments  for  the  current  year,  with 
at  least  two  good  and  sufficient  sureties,  to  be  approved 
by  the  city  council,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  the  office,  and  the  payment  of  all 
moneys  received  by  him,  according  to  law  and  the  ordinances 
of  said  city. 

50.  Said  treasurer  shall  receive  all  moneys  belonging  to 
the  corporation,  and  shall  keep  a separate  account  of  each 
fund  or  appropriation,  and  the  debits  and  credits  belonging 
thereto.  He  shall  give  to  every  person  paying  money  into 
the  city  treasury  a receipt  therefor,  specifying  the  date  of 
payment,  and  upon  what  account  paid ; and  he  shall  file 
copies  of  such  receipts  with  the  city  comptroller,  at  the 
date  of  his  monthly  reports. 

51.  He  shall  keep  an  accurate  register  of  all  warrants 
redeemed  and  paid  by  him,  showing  the  number,  date  and 
amount  of  each,  the  fund  from  which  paid,  and  the  name 
of  the  person  to  whom  and  when  paid ; and  he  shall  cancel 
all  warrants  as  soon  as  redeemed  by  him. 

52.  When  any  city  warrant  shall  be  lost  or  destroyed, 
so  that  it  can  not  be  presented  to  the  treasurer  for  payment 
by  the  person  entitled  thereto,  such  person  shall  apply  by 


168 


GENERAL  ORDINANCES  OF 


petition  to  the  city  council  for  relief,  and  the  council  may 
order  the  comptroller  to  issue  a duplicate  warrant  to  the 
person  so  entitled  to  payment,  upon  his  filing  an  affidavit 
of  the  loss  or  destruction  of  the  original,  and  giving  bond 
and  security  to  the  city  to  refund  the  amount  of  such  war- 
rant, and  pay  all  costs,  in  case  the  original  or  lost  warrant 
should  be  presented,  and  said  city  be  compelled  to  pay  the 
same. 

53.  All  moneys  received  by  the  city  treasurer  on  any 
special  assessment,  shall  be  held  by  him  as  a special  fund, 
to  be  applied  to  the  payment  of  the  improvement  for  which 
such  special  assessment  or  special  tax  was  made,  and  said 
money  shall  be  used  for  no  other  purpose  whatever,  except 
to  reimburse  the  city  for  money  expended  for  such  improve- 
ment. 

54.  The  city  treasurer  shall  keep  all  moneys  in  his  hands 
belonging  to  the  corporation  separate  and  distinct  from  his 
own  money,  and  he  is  hereby  expressly  prohibited  from 
using,  either  directly  or  indirectly,  the  corporation  moneys 
or  warrants,  in  his  custody  and  keeping,  for  his  own  use 
and  benefit,  or  that  of  any  other  person  or  persons  whom- 
soever; and  any  violation  of  this  section  shall  subject  him 
to  removal  from  office  by  the  city  council. 

55.  It  shall  be  the  duty  of  the  treasurer  to  report  to  the 
city  comptroller  any  officer  authorized  to  receive  money  for 
the  use  of  the  city  who  may  fail  to  make  a return  of  the 
moneys  received  by  him  at  the  time  required  by  law,  or  by 
the  ordinances  of  said  city. 

56.  Said  treasurer  shall  keep  his  books  and  accounts  in 
such  manner  as  to  show  with  entire  accuracy  all  moneys 
received  and  disbursed  by  him  for  the  city,  stating  from 
whom  and  on  what  account  received,  and  to  whom  and  on 
what  account  paid  out,  and  in  such  way  that  said  books  and 
accounts  may  be  readily  investigated  and  understood;  and 
the  same,  together  with  all  files  and  papers  of  said  office, 
shall  be  at  all  times  open  to  examination  by  the  mayor,  the 
comptroller,  or  the  finance  committee  of  the  city  council. 

57.  Said  treasurer  shall,  at  the  end  of  each  and  every 
month,  and  oftener  if  so  required,  render  an  account,  under 
oath,  to  the  city  comptroller,  showing  the  state  of  the  city 
treasury  at  the  date  of  such  account,  and  the  balance  of 
money  in  the  treasury.  He  shall  accompany  such  account 
with  a statement  of  all  moneys  received  into  the  treasury, 
and  on  what  account  received,  together  with  all  warrants 
redeemed  and  paid  by  him  during  the  preceding  month,  which 
warrants,  with  any  and  all  vouchers  held  by  him,  shall  be 


THE  CITY  OF  SPRINGFIELD. 


169 


delivered  to  the  city  comptroller,  and  filed  with  his  said 
account  in  the  comptroller’s  office;  and  he  shall  return  all 
warrants  paid  by  him  stamped  or  marked  "‘paid.” 

58.  Said  treasurer  shall,  annually,  upon  the  close  of  each 
fiscal  year,  make  out  and  file  with  the  city  comptroller  a full 
and  detailed  report  of  all  receipts  and  expenditures  of  the 
corporation,  as  shown  by  his  books,  and  of  all  his  transac- 
tions as  such  treasurer  during  the  preceding  fiscal  year,  and 
he  shall,  in  such  report,  show  the  state  of  the  city  treasury 
at  the  close  of  such  year,  which  report  the  comptroller  shall 
cause  to  be  published  without  delay. 


Article  IV. 


THE  CITY  collector. 


59.  There  is  hereby  created  the  office  of  city  collector  of 
special  taxes  and  special  assessments.  The  term  of  said 
office  shall  be  for  one  year,  and  until  his  successor  shall  be 
appointed  and  qualified. 

60.  The  city  collector  of  special  taxes  and  special  assess- 
ments shall  be  appointed  by  the  mayor,  by  and  with  the 
advice  and  consent  of  the  city  council,  on  the  first  Monday 
in  May,  1684,  or  as  soon  thereafter  as  may  be,  and  annually 
thereafter. 


61.  Said  collector  shall,  before  he  enters  upon  the  duties 
of  his  office,  take  and  subscribe  the  oath  prescribed  by  law 
for  city  officers,  and  shall  execute  a bond  to  the  city  of 
Springfield  in  the  penal  sum  of  ten  thousand  dollars,  with 
such  sureties  as  the  city  council  shall  approve,  conditioned 
for  the  faithful  performance  of  his  duties  as  such  collector, 
and  the  payment  of  all  moneys  received  by  him,  according 
to  law  and  the  ordinances  of  said  city ; which  bond  may  be 
substantially  in  the  following  form: 


"Know  all  Men  by  these  Presents,  That  we, 

of  the  city  of  Springfield,  in  the  State  of  Illinois,  as  collector  of  special  taxes 

and  special  assessments  of  said  city,  and and 

of  as  securities, 

are  held  and  firmly  bound  unto  the  city  of  Springfield.  Illinois,  in  the  penal  sum 

of dollars,  for  the  payment  of  which,  well  and  truly 

to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly, 

severally  and  firmly  by  these  presents.  Signed  and  sealed  this 

day  of A,  D.  188 


The  condition  of  the  foregoing  bond  is  such,  that  if  the  above  bounden 

shall  faithfully  perform  all  the  duties  of  his  office,  as 

city  collector  of  special  taxes  and  special  assessments,  for  said  city  of  Spring- 
field,  in  the  time  and  manner  prescribed  by  the  ordinances  of  said  city,  and  the 
laws  of  the  State  of  Illinois  relating  to  such  office;  and,  when  he  shall  be  suc- 
ceeded in  office,  shall  surrender  and  deliver  to  his  successor  in  office  all  books, 
papers  and  moneys  in  his  possession  belonging  to  the  city,  or  appertaining  to 
his  said  office,  then  the  above  and  foregoing  bond  to  be  void;  otherwise,  to  be 
and  remain  in  full  force.” 

[SEAL.] 

I SEAL.] 

[SEAL.] 


170 


GENEKAL  ORDINANCES  OF 


62.  It  shall  be  the  duty  of  said  collector  to  execute  all 
warrants  for  the  collection  of  special  taxes  and  special 
assessments,  which,  by  law  and  the  ordinances  of  said  city, 
may  be  executed  by  such  collector,  and  he  shall  collect  all 
special  taxes  and  special  assessments  which  are  or  may  be 
levied  or  assessed  by  virtue  of  any  ordinance  of  said  city 
for  the  making  of  any  local  improvement. 

63.  Said  collector  is  hereby  authorized  and  instructed  to 
receive  and  receipt  to  any  person  or  persons  against  whose 
property  special  taxes  are  or  may  be  assessed  for  local  im- 
provements, or  whose  property  is  or  may  be  assessed  as 
specially  benefitted  by  local  improvements,  as  aforesaid,  the 
amount  of  his  or  their  special  tax  or  special  assessment, 
less  such  discount  as  is  or  may  hereafter  be  authorized  by 
the  contract  for  making  such  improvement : Provided,  that 
the  collector  shall  not  allow  any  discount  upon  any  such 
special  taxes  or  special  assessments,  except  when  paid  before 
or  within  ten  days  from  the  completion  and  acceptance  of 
the  whole  or  such  part  of  said  improvement  as  may  be  pro- 
vided in  the  contract. 

64.  Said  collector  shall  pay  over  to  the  city  treasurer  all 
moneys  collected  by  him  as  fast  as  the  same  shall  be  re- 
ceived, taking  the  treasurer’s  receipt  therefor,  which  receipt 
he  shall  immediately  file  with  the  city  comptroller,  who 
shall  at  the  time,  or  on  demand,  give  the  collector  a copy 
of  any  such  receipt  so  filed.  He  shall  make  report,  in 
writing,  to  the  city  comptroller  on  the  first  day  of  each 
month,  showing  the  amount  of  money  collected,  from  whom 
received,  and  on  what  account  received;  and  he  shall  annu- 
ally, at  the  close  of  each  fiscal  year,  make  out  and  file  with 
the  comptroller  a full  statement  of  all  moneys  collected  by 
him  during  the  preceding  fiscal  year,  in  the  manner  as  re- 
quired by  law. 

65.  It  shall  be  the  duty  of  the  city  collector,  on  or  before 
the  tenth  day  of  March  in  each  year,  to  make  a report  or 
reports,  in  writing,  to  the  county  collector  of  Sangamon 
county,  or  other  officer  authorized  by  the  general  revenue 
laws  of  this  State,  to  apply  for  judgment  and  sell  lands  for 
taxes  due  the  county  and  State,  showing  all  the  lands,  town 
lots  and  real  property  on  which  he  shall  have  been  unable 
to  collect  said  special  taxes  or  special  assessments  due  and 
unpaid  thereon,  together  with  his  warrant  or  warrants,  or 
with  a brief  description  of  the  warrant  or  warrants  received 
by  him  authorizing  the  collection  thereof;  which  report  or 
reports  shall  be  accompanied  by  the  oath  of  said  collector 
that  the  list  or  lists  are  a correct  return  and  report  of  the 
lands,  town  lots  and  real  property  on  which  the  said  special 


THE  CITY  OF  SPKINGFIELD. 


171 


taxes  or  special  assessments,  levied  by  authority  of  the  city 
of  Springfield,  remain  due  and  unpaid ; that  he  is  unable  to 
collect  the  same  or  any  part  thereof,  and  that  he  had  given 
the  notice  or  notices  required  by  law  that  said  warrant  or 
warrants  had  been  received  by  him  for  collection. 

66.  Said  collector  shall,  under  the  direction  and  super- 
vision of  the  city  comptroller  and  finance  committee,  keep 
books  and  accounts,  which  shall  show  all  receipts  and 
moneys  collected  by  him,  and  other  matters  pertaining  to 
his  office;  such  books  and  accounts  to  be  kept  in  a clear 
and  methodical  manner. 

67.  The  city  collector  shall  receive  for  his  services  such 
compensation  as  is  now  or  may  hereafter  be  fixed  by  ordi- 
nance. 

Article  Y. 

THE  FINANCE  COMMITTEE. 

68.  The  finance  committee  of  the  city  council  may  pre- 
scribe the  manner  in  which  the  books  and  accounts  of  all 
officers  of  the  corporation  shall  be  kept,  in  order  to  estab- 
lish uniformity  therein.  Said  committee  shall,  from  time  to 
time,  examine  the  books  and  accounts  of  all  city  officers, 
and  see  that  they  are  regularly  and  neatly  kept  and  pre- 
served, and  that  the  books  and  papers  belonging  to  the 
offices  of  the  clerk,  comptroller,  treasurer  and  collector  are 
secure  from  loss  or  injury  by  fire  or  otherwise ; and  they 
shall  report  to  the  city  council  any  neglect  or  failure  on  the 
part  of  any  such  officer  to  keep  his  books  and  accounts 
properly,  or  to  preserve  any  papers  pertaining  to  his  office. 

69.  In  the  adjustment  of  the  accounts  of  the  treasurer 
or  collector  with  the  comptroller,  there  shall  be  an  appeal 
to  said  finance  committee,  whose  decision  in  all  matters  of 
controversy  arising  between  said  officers  shall  be  final,  unless 
the  city  council  shall  otherwise  direct  and  provide. 

70.  The  finance  committee  shall  meet,  annually,  upon  the 
close  of  each  fiscal  year,  and  examine  and  compare  the  re- 
ports and  statements  made  by  the  comptroller  and  treas- 
urer, or  other  city  officer,  and  shall  report  thereon  to  the 
city  council. 


17*2 


GENERAL  ORDINANCES  OF 


CHAPTER  IV. 


DEPAKTMENT  OF  PUBLIC  WOKKS. 

ArticliE  I.  The  City  Engineer. 

II.  The  Superintendent  of  Streets. 

III.  Contracts  for  Public  Works. 


Article  I. 

THE  city  engineer. 

Sec.  71.  There  is  hereby  established  an  executive  department 
of  the  municipal  government  of  the  city  of  Springfield,  which 
shall  be  known  as  the  “Department  of  Public  Works,”  and  shall 
embrace  the  mayor,  the  comptroller,  the  city  engineer, ' and 
the  city  superintendent  of  streets,  and  such  other  officers  or 
assistants  as  the  city  council  may,  by  ordinance,  prescribe 
and  establish. 

72.  There  is  hereby  created  the  office  of  city  engineer  of 
said  city.  He  shall  hold  his  office  for  the  term  of  one  year, 
and  until  his  successor  shall  be  appointed  and  qualified. 

73.  The  city  engineer  shall  be  appointed  by  the  mayor, 
by  and  with  the  advice  and  consent  of  the  city  council,  on 
the  first  Monday  in  May,  1884,  or  as  soon  thereafter  as  may 
be,  and  annually  thereafter. 

74.  He  shall,  before  assuming  the  duties  of  his  office, 
take  and  subscribe  the  oath  prescribed  by  law  for  city  offi- 
cers, and  shall  execute  a bond  to  the  city  of  Springfield  in 
the  penal  sum  of  three  thousand  dollars,  with  sureties  to  be 
approved  by  the  city  council,  conditioned  for  the  faithful 
performance  of  the  duties  of  the  office. 

75.  The  city  engineer  shall  devote  his  entire  time  to  the 
discharge  of  the  duties  of  his  office.  He  shall,  when  re- 
quired by  the  mayor,  the  city  council  or  any  committee 
thereof,  make  out  and  submit  plans,  estimates  and  specifi- 
cations for  any  public  work,  which  may  be  proposed  or  or- 
dered by  the  city  council. 

76.  He  shall,  when  required  by  the  mayor  or  city  coun- 
cil, superintend  the  construction  of  any  public  work  of  the 
corporation,  and  shall  daily,  or  as  often  as  may  be  neces- 


THE  CITY  OF  SPRINGFIELD 


173 


sary,  examine  such  public  work  under  his  charge,  and  see 
that  the  same  is  properly  executed;  and  if  the  contractor 
therefor  shall  neglect  or  refuse  to  execute  such  work  in  ac- 
cordance with  his  contract  and  specifications,  said  engineer 
may  suspend  the  work,  and  shall  thereupon  report  the  facts 
to  the  mayor. 

77.  He  shall,  when  required,  receive,  inspect  or  measure 
any  lumber,  brick,  stone  or  other  material,  *to  be  used  in 
any  public  work  of  the  city,  and  if  necessary  shall  keep  an 
accurate  account  of  the  quantity  and  quality  of  the  same, 
the  cost  thereof,  from  whom  received  and  for  what  purpose 
used  or  to  be  used;  and  he  shall  examine  all  bills  for  ma- 
terials so  received  by  him,  or  in  connection  with  his  de- 
partment, and,  if  found  correct,  shall  certify  the  same  to 
the  city  council  for  allowance. 

78.  He  shall,  when  required  by  the  city  council,  or  the 
committee  on  streets  and  alleys  thereof,  make  a survey  of 
the  grade  or  boundary  of  any  street,  avenue  or  alley  of  said 
city,  and  prepare  a plat  or  profile  thereof,  and  report  the 
same  to  the  city  council;  and  no  such  survey  of  grade  or 
boundary  shall  be  deemed  established  or  valid  until  the  plat 
or  profile  thereof  shall  be  approved  by  the  city  council. 
Any  plat,  profile,  or  other  paper  belonging  to  the  office  of 
the  city  engineer,  shall  be  returned  to  him  by  the  clerk  as 
soon  as  the  city  council  shall  have  no  further  use  for  the 
same. 

79.  He  shall,  without  charge,  give  or  mark  the  grade  of 
any  street  or  alley,  where  established,  at  the  request  of  any 
person  desiring  to  erect  any  building  or  enclosure,  or  to  lay 
any  sidewalk  thereon.  He  shall  make  all  surveys  within 
and  for  said  city  that  he  may  be  called  upon  to  make,  and 
shall  employ  the  necessary  chainman,  and  such  other  as- 
sistants as  the  city  council  may  authorize ; which  chainman 
or  other  assistants  shall,  before  entering  upon  their  duties, 
be  duly  sworn  to  measure  accurately  and  justly,  and  to 
perform  their  respective  duties  to  the  best  of  their  knowledge 
and  ability. 

80.  It  shall  be  the  duty  of  the  city  engineer  to  provide 
himself,  as  far  as  practicable,  with  copies  of  the  field  notes 
of  the  original  surveys  of  the  town  and  city  of  Springfield, 
and  to  make  his  own  surveys  in  accordance  therewith;  and 
he  shall  carefully  note  all  errors  or  discrepancies  in  the 
original  surveys  or  re-surveys,  as  soon  as  discovered. 

81.  Said  engineer  shall  keep,  in  his  office,  plats  of  all 
grades  or  boundaries  of  streets  and  alleys  established  by  the 
city  council,  correcting  the  same  when  any  grade  shall  be 


174 


GENERAL  ORDINANCES  OF 


changed,  and  adding  thereto  when  any  new  grade  or  bound- 
ary shall  be  established.  He  shall  also  keep  correct  surveys 
of  all  public  sewers  within  the  city,  showing  the  location, 
length  and  dimensions  of  the  same,  respectively.  He  shall 
record  in  a suitable  book,  to  be  provided  by  the  city,  the 
profiles  of  all  surveys  of  grades  and  boundaries  established, 
and  preserve  the  original  papers  relating  thereto,  and  shall 
otherwise  keep  a systematic  record  of  all  the  transactions 
pertaining  to  his  office. 

82.  Any  person  wishing  to  connect  or  have  connected 
any  private  drain  or  sewer  with  any  public  sewer,  or  sewer 
built  or  owned  by  the  city,  shall  first  apply  to  and  obtain 
a written  permit  from  the  city  engineer  therefor,  whose  duty 
it  shall  be  to  prescribe  the  mode  of  tapping  the  public 
sewers,  the  size  of  the  openings  therein,  and  the  materials 
to  be  used  in  such  connections.  The  person  obtaining  such 
permit  shall  present  the  same  to  the  superintendent  of 
streets  (or  to  such  other  person  as  shall  be  appointed  by  the 
mayor  for  that  purpose),  under  whose  direction  and  super- 
vision the  work  of  making  such  sewer  connection  shall  be 
done.  Whoever  shall  violate,  or  shall  fail  to  comply  with 
any  of  the  requirements  of  this  section,  shall  be  subject  to 
a penalty  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars  for  each  offense. 

83.  The  city  engineer  shall,  annually,  on  or  before  the 
first  Monday  in  March  of  each  year,  make  out  and  submit 
to  the  city  council  a report,  showing  in  detail  the  public 
works  or  improvements  undertaken  or  completed  in  connec- 
tion with  his  department  during  the  preceding  fiscal  year, 
and  the  cost  thereof  to  the  city. 

84.  Said  engineer  shall  carefully  preserve,  in  his  office, 
all  plats  and  records  of  surveys,  and'  all  books,  maps  and 
papers  pertaining  thereto;  and  upon  the  expiration  of  his 
term  of  office,  or  his  resignation  thereof  or  removal  there- 
from, he  shall,  on  demand,  deliver  to  his  successor  in  office 
all  such  books,  plats,  maps,  records  and  effects  of  every  de- 
scription, belonging  to  the  city,  or  appertaining  to  said  office. 


Article  II. 

THE  superintendent  OF  STREETS. 

85.  There  is  hereby  created  the  office  of  superintendent 
of  streets  for  said  city.  He  shall  hold  his  office  for  the 
term  of  one  year,  and  until  his  successor  shall  be  appointed 
and  qualified. 


THE  CITY  OF  SPRINGFIELD. 


175 


86.  The  city  superintendent  of  streets  shall  be  appointed 
by  the  mayor,  by  and  with  the  advice  and  consent  of  the 
city  council,  on  the  first  Monday  in  May,  1884,  or  as  soon 
thereafter  as  may  be,  and  annually  thereafter. 

87.  Before  entering  upon  the  duties  of  his  office,  the 
said  superintendent  .shall  take  the  oath  prescribed  by  law 
for  city  officers,  and  shall  execute  a bond  to  the  city  of  Spring- 
field  in  the  penal  sum  of  three  thousand  dollars,  with  such 
sureties  as  shall  be  approved  by  the  city  council,  conditioned 
for  the  faithful  performance  of  the  duties  of  the  office. 

88.  Said  superintendent  shall  have  charge  of  the  improve- 
ment, repair  and  cleaning  of  all  streets,  avenues  and  alleys 
in  the  city,  and  shall  supervise  the  construction  and  repair 
of  all  sidewalks  therein;  but  no  improvement  or  repairs, 
except  such  as  may  be  actually  necessary,  shall  be  made 
by  him  without  the  previous  order  of  the  city  council.  He 
shall,  without  delay,  cause  all  breaks  in  any  street  or  alley 
crossing,  bridge,  culvert,  apron,  or  other  unsafe  place  to  be 
repaired,  and  report  the  cost  thereof  to  the  city  council  for 
allowance ; and  when  the  probable  cost  of  any  such  repair 
shall  exceed  twenty-five  dollars,  the  same  shall  be  made 
only  with  the  concurrence  of  the  mayor,  or  of  the  commit- 
tee on  streets  and  alleys. 

89.  He  shall  cause  all  ordinances  in  relation  to  streets, 
alleys  and  sidewalks  to  be  enforced,  and  shall  prosecute  all 
persons  for  violations  thereof.  He  shall  carry  into  effect 
all  such  orders,  general  or  special,  as  he  may. receive  from 
the  city  council,  the  mayor,  or  committee  on  streets  and 
alleys,  and  for  any  willful  neglect  or  refusal  to  perform  any 
duty  required  of  him  by  the  laws  or  ordinances  of  said  city, 
he  shall  be  liable  to  removal  from  office. 

90.  He  shall,  annually,  in  the  spring  of  the  year,  under 
the  direction  of  the  committee  on  streets  and  alleys,  cause 
the  streets,  avenues  and  alleys,  where  needed,  to  be  cleaned 
and  the  gutters  opened,  and  shall,  as  far  as  it  is  practicable, 
keep  them  in  that  condition  during  the  year.  He  shall, 
from  time  to  time,  examine  the  sewers,  culverts,  bridges, 
crosswalks  and  sidewalks,  and  report  the  condition  of  the 
same  to  the  city  council,  and  recommend  such  improve- 
ments or  repairs  as  he  may  deem  necessary. 

91.  He  may,  by  authority  of  the  city  council,  employ 
such  number  of  laborers,  reams  and  carts  as  shall  be  neces- 
sary for  cleaning  and  repairing  the  streets  and  alleys,  and 
at  such  prices  as  shall  be  fixed  by  the  city  council,  not 
exceeding  the  customary  rates  paid  by  others  for  similar 
labor  or  service.  He  shall  oversee  and  direct  the  street 


176 


GENERAL  ORDINANCES  OF 


laborers  and  workmen,  and  require  them  to  labor  faithfully, 
and  shall  keep,  in  a suitable  book,  a correct  account  of 
their  time.  He  shall  also  supervise  all  connections  of  private 
drains  or  sewers  with  the  public  sewers,  and  shall  see  that 
the  same  are  made  in  such  manner  that  no  injury  is  done 
to  the  public  sewers.. 

92.  He  may  procure  the  necessary  implements  for  per- 
forming street  labor,  or  materials  for  bridges,  culverts  and 
cross-walks,  but  he  shall  purchase  no  implement  or  any 
materials  without  making  a written  requisition  on  the  city 
comptroller,  and  obtaining  his  order  therefor;  and  when  he 
shall  purchase  any  implement  or  materials  for  the  use  of 
the  corporation,  he  shall  report  the  bill  thereof  to  the  city 
comptroller,  who  shall  charge  him  with  the  same  at  cost. 
He  shall  cause  all  implements  or  tools  belonging  to  the  city 
to  be  legibly  marked  or  branded  with  the  letters  “C.  S,.” 
and  shall  cause  them  to  be  properly  housed  or  protected 
from  the  weather  when  not  in  use. 

93.  It  shall  be  the  duty  of  the  superintendent  of  streets 
to  keep  a correct  list  of  all  implements,  materials  and  other 
property  of  the  city,  in  his  charge  or  possession;  and  upon 
the  expiration  of  his  term  of  office,  or  his  resignation  thereof 
or  removal  therefrom,  he  shall  deliver  said  property  to  his 
successor  in  office,,  taking  a receipt  therefor,  which  he  shall 
immediately  file  with  the  city  comptroller,  who  shall  credit 
him  with  the  same,  and  charge  his  successor  therewith. 

94.  He  shall  keep  in  an  appropriate  book,  and  in  such 
manner  as  may  be  required  by  the  committee  on  finance,  a 
plain  and  accurate  account  of  all  expenditures  made  under 
his  supervision,  specifying  to  whom  and  for  what  purpose 
made,  and  to  what  ward  chargeable.  He  shall  examine  all 
accounts  of  contractors  and  other  persons  for  work  pertain- 
ing to  his  department,  or  for  implements  or  materials  fur- 
nished therefor,  and  if  correct,  shall  certify  the  same  to  the 
city  council  for  allowance. 

95.  Said  superintendent  shall,  on  the  first  Monday  of 
each  and  every  month,  report  to  the  city  council  in  writing,' 
a statement  of  all  expenditures  under  his  supervision  during 
the  preceding  month,  specifying  the  purpose  of  such  expendi- 
tures, and  the  differenc  wards  in  which  made,  and,  if  re- 
quired, the  persons  to  whom  made.  No  account  presented 
or  certified  by  him  shall  be  allowed,  or  warrant  issued 
thereon,  unless  it  shall  be  so  rendered  as  to  show  to  what 
account  and  ward  it  is  chargeable. 

96.  When  any  bridge,  culvert,  crosswalk,  or  other  street 
work,  to  be  done  by  or  under  the  direction  of  the  street 


THE  CITY  OF  SPRINGFIELD. 


177 


superintendent,  shall  be  ordered  by  the  city  council,  the 
location  and  manner  of  constructing  the  same  shall  be 
designated  in  the  order. 

97.  Crosswalks  shall  be  constructed  not  less  than  three 
nor  more  than  six  feet  wide,  and  shall  be  so  laid  as  not  to 
materially  obstruct  the  roadway;  and  when  the  width  is 
not  specified  in  the  order  of  the  council,  they  shall  be  laid 
to  the  width  of  three  feet.  They  shall,  unless  ^ otherwise 
directed  in  the  order,  be  constructed  of  good  two-inch  white 
or  burr  oak  plank,  well  spiked  to  sound  oak  timbers  or 
cross-pieces,  placed  not  more  than  six  feet  apart,  and  shall 
be  furnished  with  the  necessary  approaches  and  aprons  of 
two  inch  plank.  Culverts,  unless  otherwise  directed  in  the 
order,  shall  be  built  of  at  least  two-inch  white  or  burr  oak 
lumber,  securely  spiked  and  tied  to  a substantial  frame- 
work of  timber,  and  of  sufficient  size  and  capacity  to  admit 
and  carry  off  all  the  water  as  fast  as  it  may  flow,  and  shall 
be  covered  with  at  least  two  and  one-half  inch  sound  oak 
plank. 

Article  III. 

PROVISIONS  RELATING  TO  CONTRACTS  FOR  PUBLIC  WORKS. 

98.  When  any  public  work  shall  be  ordered  by  the  city 
council  of  the  city  of  Springfield,  and  before  the  letting  of 
any  contract  therefor  by  the  city,  the  probable  cost  of  such 
work  shall  be  first  ascertained;  and  no  expenditure  for  any 
public  work  or  improvement,  to  be  paid  for  out  of  any  gen- 
eral fund  of  the  corporation,  shall  exceed,  in  any  year,  the 
amount  appropriated  for  such  improvement  in  the  annual 
appropriation  bill  of  such  year. 

99.  All  contracts  for  the  making  of  any  public  improve- 
ment in  said  city,  to  be  paid  for  in  whole  or  in  part  by 
special  assessment  or  special  taxation,  and  any  work  or 
other  public  improvement,  when  the  expense  thereof  shall 
exceed  the  sum  of  five  hundred  dollars,  shall  be  let  to  the 
lowest  responsible  bidder  therefor,  in  the  manner  hereinafter 
prescribed,  and  be  approved  by  the  mayor:  Provided,  that 
any  such  contract  may  be  entered  into  by  the  city  comp- 
troller, or  other  proper  officer,  without  advertising  for  bids, 
and  without  the  approval  of  the  mayor,  when  authorized  by 
a vote  of  two-thirds  of  all  the  aldermen  elected  to  the  city 
council. 

100.  Whenever  any  local  or  public  improvement  shall  be 
ordered  by  the  city  council,  which  is  to  be  paid  for  in  whole 
or  in  part  by  special  assessment  or  special  taxation,  or 
otherwise,  it  shall  be  the  duty  of  the  city  engineer  to  pre- 
pare a plan  or  profile  of  the  proposed  improvement,  and 
• —12 


178 


GENERAL  ORDINANCES  OF 


specifications  for  the  construction  of  the  same,  which  shall 
be  kept  on  file  in  his  office,  and  be  open  to  the  inspection 
of  city  officers  and  other  persons  interested  therein. 

101.  As  soon  as  the  special  tax  or  special  assessment 
for  any  such  improvement  shall  have  been  finally  confirmed, 
as  provided  by  law,  and  sooner  if  deemed  expedient  by  the 
mayor  or  city  council,  the  mayor  shall  be  authorized  to 
advertise,  in  one  or  more  newspapers  of  general  circulation 
printed  or  published  in  said  city,  for  proposals  to  furnish 
the  materials  and  do  said  work,  according  to  the  plans  and 
specifications  aforesaid.  Such  advertisement  shall  be  pub- 
lished for  at  least  ten  consecutive  days  before  the  day  fixed 
for  opening  said  proposals,  and  shall  state  the  nature  and 
extent  of  the  improvement  ordered,  the  place  where  specifi- 
cations thereof  may  be  seen,  and  the  time  and  place  when 
and  where  the  bids  will  be  opened.  The  right  to  reject  any 
and  all  proposals  or  bids  received  shall  be  reserved  in  the 
advertisement. 

102.  All  proposals  for  any  such  improvement  shall  be 
signed  by  the  persons  bidding,  and  be  inclosed  in  a sealed 
envelope  and  directed  to  the  mayor;  and  each  bid  shall  be 
accompanied  by  a bond,  in  such  amount  as  may  be  named 
in  said  advertisement  or  notice,  with  sureties  to  be  approved 
by  the  mayor,  conditioned  that,  in  case  the  contract  is 
awarded  to  such  bidder,  he  will  enter  into  bond,  as  herein 
required,  to  perform  the  same  according  to  the  terms  of  his 
bid ; or  each  bidder  may  be  required  to  accompany  his  bid 
with  a certified  check,  in  such  reasonable  amount  as  shall 
be  designated  by  the  mayor  in  said  advertisement,  payable 
to  the  order  of  the  city  treasurer,  which  shall  become  for- 
feited to  the  city  in  case  the  bidder  shall  fail  to  enter  into 
contract,  with  approved  securities,  to  execute  the  work  for 
the  price  mentioned  in  his  bid,  and  according  to  the  plans 
and  specifications,  in  the  event  that  the  contract  should  be 
awarded  to  him. 

103.  All  proposals  or  bids  shall  be  opened  by  the  mayor 
at  the  hour  and  place  mentioned  in  said  advertisement,  in 
the  presence  of  such  bidders  and  other  persons  as  may 
attend,  and,  upon  -examination  of  the  same,  the’  mayor  shall 
award  the  contract  to  the  lowest  responsible  bidder,  whose 
bid  shall  not  exceed  the  estimated  cost  of  the  proposed  im- 
provement; or  he  may  submit  the  same  to  the  city  council 
for  their  approval  and  confirmation. 

104.  The  performance  of  the  contract  shall  be  secured 
by  a good  and  sufficient  bond,  to  be  approved  by  the  mayor 
or  city  council,  conditioned,  among  other  things,  for  the 
faithful  execution  of  the  terms  of  such  contract,  which 


THE  CITY  OF  SPRINGFIELD. 


179 


terms  shall  be  substantially  set  forth  in  said  bond.  If  any 
bidder  shall  fail  to  promptly  enter  into  contract,  and  to  give 
bond  as  hereinbefore  required,  the  contract  for  such  work 
may  be  awarded  to  the  next  lowest  and  most  responsible 
bidder;  or,  if  it  shall  be  deemed  best  for  the  interests  of 
the  city  not  to  accept  any  of  the  bids  made,  such  bids  may 
be  rejected,  and  the  mayor  shall  thereupon  re-advertise  for 
proposals  in  like  manner  as  before. 

105.  Any  bidder  who  shall  fail  to  enter  into  any  contract 
so  awarded,  or  shall  fail  to  fulfill  any  contract  entered  into 
by  him  with  the  city,  shall  not  be  permitted  to  bid  again 
for  any  city  work,  unless  the  city  council  shall,  for  good 
cause  shown,  remove  his  disability.  No  member  of  the  city 
council,  or  other  city  of&cer,  shall  be  interested,  directly  or 
indirectly,  in  any  contract  for  work  of  the  corporation,  or 
become  surety  for  any  contractor  or  other  person  upon  any 
bond,  to  secure  the  performance  of  any  contract  with  said 
city. 

106.  All  such  contracts  and  bonds  shall  run  to  and  be 
in  the  name  of  the  city  of  Springfield,  and  shall  be  drawn 
by  the  city  attorney,  or  be  submitted  to  him  for  his  approval 
of  the  form  thereof;  and  before  the  same  shall  be  in  force, 
they  shall  be  signed  or  approved  by  the  mayor,  and  counter- 
signed by  the  city  comptroller.  Said  contracts  shall  be 
executed  in  duplicate,  one  original  copy  of  which  shall  be 
given  to  the  contractor,  and  the  other  filed  and  kept  in  the 
office  of  the  comptroller,  who  shall  furnish  copies  thereof 
when  required. 

107.  Each  contract  shall  contain  a clause,  in  substance 
to  the  effect  that  it  is  made  subject  to  the  ordinances  of  the 
city,  and  to  the  power  of  the  mayor  or  other  proper  city 
officer  to  suspend  the  work,  and  of  the  city  council  to  annul 
the  contract  for  a failure  on  the  part  of  the  contractor  to 
execute  the  same  according  to  the  terms  thereof;  but  that 
such  suspension  shall  not  effect  the  right  to  all  damages 
claimable  by  it  on  account  of  the  non-performance  of  such 
contract  according  to  the  terms  thereof. 

108.  All  contracts  in  which  the  contractor  or  contractors 
agree  to  be  paid  from  special  taxes  or  special  assessments, 
shall  contain  covenants  to  the  effect  that  they  shall  have 
no  claim  or  lien  upon  the  city,  in  any  event,  except  from 
the  collection  of  tke  special  taxes  or  special  assessments 
levied  for  the  work  contracted;  and  that  no  liability  shall 
attach  to  the  city  by  reason  of  entering  into  any  such  con- 
tract, except  for  the  payment  to  such  contractor  or  con- 
tractors of  the  moneys  received  by  the  city  on  the  special 


180 


GENERAL  ORDINANCES  OF 


taxes  or  special  assessments  levied  or  assessed  for  the  im- 
provement mentioned  in  such  contract.  And  no  contract 
for  work,  to  be  paid  for  as  aforesaid,  shall  be  let  to  any 
contractor  who  will  not  so  agree. 

109.  In  all  contracts  for  street  or  alley  improvement, 
where  the  city  shall  reserve  the  disposition  of  all  surplus 
earth  removed  in  excavations  upon  such  streets  or  alleys,  no 
contractor  or  sub-contractor  shall  in  any  manner  sell  or  dis- 
pose of  any  such  surplus  earth,  under  a penalty  of  not  less 
than  fifty  dollars  nor  more  than  one  hundred  dollars  for 
each  offense. 

110.  When  any  contract  shall  have  been  completed,  and 
on  the  filing  in  the  office  of  the  city  comptroller  of  the  cer- 
tificate of  the  city  engineer,  or  other  officer  under  whose 
supervision  the  work  was  done,  stating  that  he  has  inspected 
said  work,  and  that  it  is  done  according  to  the  contract  and 
specifications,  the  ^comptroller  and  mayor  may  issue  their 
warrant  on  the  treasurer  for  the  amount  due  such  contractor 
or  contractors ; and  they  may,  when  stipulated  in  the  con- 
tract, or  with  the  consent  of  the  city  council,  from  time  to 
time,  during  the  prosecution  of  the  work  (upon  the  filing  of 
the  certificate  of  the  proper  officer,  stating  that  he  has 
examined  and  computed  or  measured  such  work,  and  that 
he  believes  there  is  enough  done  to  cover  the  estimate,  and 
that  it  is  done  in  accordance  with  the  contract),  advance  to 
the  contractor,  and  draw  their  warrant  upon  the  treasurer 
for  such  advance,  reserving,  in  all  cases,  at  least  fifteen  per 
cent,  of  the  estimate,  to  be  paid  when  the  contract  is  com- 
pleted. 

111.  No  payment  shall  be  made  upon  any  work  done  by 
contract  for  any  extra  work  not  specified  therein,  unless 
such  extra  work  shall  have  been  done  by  special  order  of 
the  city  council.  No  officer  of  the  corporation,  or  special 
superintendent  employed  thereby,  shall  certify  the  account 
of  any  contractor  who  has  failed  to  comply  with  the  terms 
of  his  contract,  nor  in  any  case  in  advance  of  the  progress 
of  the  work;  and  if  he  shall  do  so,  he  shall  be  liable  to  the 
city  for  all  loss  that  may  arise  therefrom. 


THE  CITY  OF  SPRINGFIELD. 


181 


CHAPTER  V. 


LAW  DEPAETMENT. 

Article  I. 

THE  CITY  ATTORNEY. 

Sec.  112.  There  is  hereby  established  a department  of  the 
municipal  government  of  the  city  of  Springfield,  which  shall 
be  known  as  the  “Law  Department,”  and  shall  include  the  city 
attorney,  and  such  assistant  counsel  as  the  comptroller  and 
mayor  may,  from  time  to  time,  deem  necessary  to  employ. 

113.  The  city  attorney  shall,  before  entering  upon  the 
duties  of  his  office,  execute  and  file  a bond  to  the  city  of 
Springfield  in  the  penal  sum  of  twenty-five  hundred  dollars, 
with  such  sureties  as  the  oity  council  shall  approve,  condi- 
tioned for  the  faithful  performance  of  the,  duties  of  said  office. 

114.  Said  attorney  shall  prosecute  or  defend,  on  behalf 
of  the  city,  in  all  cases  in  which  the  interests  of  the  corpo- 
ration or  any  officer  thereof  are  involved ; and  the  city  clerk 
shall  furnish  him  with  certified  copies  of  any  ordinance, 
bond  or  other  papers,  in  his  keeping,  necessary  to  be  filed 
or  used  in  any  suit  or  proceeding. 

115.  He  shall,  when  required,  advise  the  city  council  or 
any  city  officer  in  all  matters  of  law  in  which  the  interests 
of  the  corporation  are  involved,  and  he  shall  draw  such 
ordinances,  bonds  and  contracts,  or  examine  and  approve 
the  same,  as  may  be  required  of  him  by  the  mayor,  the 
city  council,  or  any  committee  thereof. 

116.  He  shall  cause  executions  to  be  issued  upon  all 
judgments  recovered  in  favor  of  said  city,  and  see  to  their 
prompt  collection.  He  shall  examine  all  fee  bills  of  officers 
of  courts  and  others,  and  certify  to  the  correctness  of  the 
same,  and  the  liability  of  the  city  therefor. 

117.  He  is  hereby  charged  with  the  prosecution  of  all 
actions  for  violations  of  the  ordinances  of  the  city  council, 
and  with  the  conducting  of  all  proceedings  in  justices’ courts, 
or  on  appeal  therefrom.  He  shall  institute  and  prosecute 
an  action  in  every  case  where  there  has  been  a violation  of 


182 


GENERAL  ORDINANCES  OF 


a city  ordinance,  when  instructed  to  do  so  by  the  mayor, 
the  city  council,  or  the  chief  officer  of  any  department  of 
the  city  government;  or  upon  the  complaint  of  any  other 
person,  when,  in  his  judgment,  the  public  interest  shall 
require  that  the  same  be  prosecuted. 

118.  He  shall  not  be  required  to  prosecute  any  suit  or 
action  arising  under  the  ordinances  of  the  city,  when,  upon 
investigation  of  the  same,  he  shall  become  satisfied  that  the 
complaint  was  instituted  maliciously  or  vexatiously,  and 
without  probable  cause ; and  he  shall  be  authorized  to  dis- 
continue any  such  suit  or  proceeding  upon  such  terms  as  to 
him  may  seem  just  and  equitable. 

119.  An  appeal  may  be  taken  by  the  city  attorney  from 
the  judgment  of  any  police  magistrate  or  justice  of  the 
peace,  to  the  county  or  circuit  court  of  Sangamon  county, 
in  any  case  where  such  judgment  has  been  given  against 
the  city,  when,  in  his  opinion,  the  public  interest  may  require 
it;  but  no  appeal  or  writ  of  error  shall  be  taken  by  said 
attorney,  on  behalf  of  the  corporation,  to  any  higher  court, 
unless  the  same  shall  be  authorized  by  the  mayor  and  comp- 
troller, or  directed  by  the  city  council. 

120.  Said  attorney  shall,  annually,  on  or  before  the  first 
Monday  in  April  of  each  year,  report,  in  writing,  to  the  city 
council,  a detailed  statement  of  all  suits  instituted  and  pend- 
ing in  the  courts  of  record,  wherein  the  city  of  Springfield 
is  plaintiff  or  defendant.  In  said  report  he  shall  state  the 
names  of  the  parties  to  the  suits,  the  date  of  their  com- 
mencement, the  nature  thereof,  and  the  several  steps  taken 
by  him  to  bring  the  same  to  final  issue;  and  he  shall  also 
give  a list  of  all  cases  disposed  of  during  his  term  of  office, 
and  subsequent  to  his  last  report,  with  such  explanatory 
remarks  as  he  may  think  proper  to  add  thereto — to  the  end 
that  the  council  may  be  kept  fully  advised  as  to  the  legal 
affairs  of  the  city. 

121.  It  shall  be  the  duty  of  said  attorney  to  keep,  in  a 
suitable  book,  to  be  provided  by  the  city  for  that  purpose, 
a record  of  all  written  opinions  given  or  furnished  by  him 
to  said  city;  and  he  shall  also  keep  a register  of  all  actions 
in  courts  of  record,  prosecuted  or  defended  by  him,  in  which 
the  city  was  a party,  and  of  the  various  proceedings  in  con- 
nection therewith.  Upon  the  expiration  of  his  term  of  office, 
he  shall,  on  demand,  deliver  to  his  successor  in  office,  the 
said  book  and  register,  together  with  all  contracts,  bonds  or 
other  papers,  in  his  possession,  belonging  to  the  city,  or 
appertaining  to  said  office. 


THE  CITY  CF  SPRINGFIELD. 


183 


122.  In  case  of  the  temporary  absence  or  inability  of  the 
city  attorney  to  attend  to  the  duties  of  his  office,  he  may, 
with  the  approval  of  the  mayor,  and  at  his  own  expense, 
appoint  or  employ  some  competent  attorney  to  act  in  his 
place. 

123.  Said  attorney  shall  keep  his  office  at  the  city  hall, 
or  at  such  other  convenient  place  as  the  city  council  may 
provide,  and  it  shall  be  his  duty  to  attend  there  during 
usual  office  hours,  when  not  otherwise  engaged,  for  the 
transaction  of  the  business  pertaining  to  his  office. 


184 


GENERAL  ORDINANCES  OF 


CHAPTER  VI. 


THE  POLICE  DEPARTMENT. 

Akticle  I.  The  Superintendent  of  Police. 

II.  The  Sergeant  and  Police  Patrolmen. 

III.  Special  Provisions. 

IV.  Proceedings  to  Recover  Fines  and  Penalties,  etc. 

V.  The  City  Prison  and  Keeper. 

VI.  Working  Prisoners  on  Streets. 

Article  I. 

THE  SUPERINTENDENT  OF  POLICE. 

Sec.  124.  There  is  hereby  established  an  executive  depart- 
ment of  the  municipal  government  of  the  city  of  Springfield, 
which  shall  be  known  as  the  “Police  Department,”  and  shall 
embrace  one  superintendent  of  police,  one  sergeant  of  police, 
one  keeper  of  the  city  prison,  and  thirteen  police  patrolmen, 
and  such  other  number  of  patrolmen,"  not  exceeding  eighteen, 
as  may  hereafter,  from  time  to  time,  be  fixed  by  the  city 
council. 

125.  There  is  hereby  created  the  office  of  superintendent 
of  police  of  said  city.  He  shall  be  the  chief  of  the  police 
department,  and  shall  hold  his  office  for  the  term  of  one 
year,  and  until  his  successor  shall  be  appointed  and  quali- 
fied. 

126.  The  superintendent  of  police  shall  be  appointed  by 
the  mayor,  by  and  with  the  advice  and  consent  of  the  city 
council,  on  the  first  Monday  in  May,  1884,  or  as  soon  there- 
after as  practicable,  and  annually  thereafter. 

127.  He  shall,  before  entering  upon  the  duties  of  his 
office,  take  and  sign  the  oath  prescribed  by  law  for  city 
officers,  and  shall  execute  a bond  to  the  city  of  Springfield 
in  the  penal  sum  of  five  thousand  dollars,  with  such  sureties 
as  the  city  council  shall  approve,  conditioned  for  the  faith- 
ful performance  of  the  duties  of  his  office,  and  the  payment 
of  all  moneys  that  may  be  received  by  him,  according  to 
law  and  the  ordinances  of  said  city. 


THE  CITY  OF  SPEINGFIELD. 


185 


128.  He  shall,  in  subordination  to  the  mayor,  have  the 
full  management  and  control  of  the  police  department,  and 
all  regulations  and  orders  thereof  shall  be  promulgated 
through  him.  All  subordinate  officers  and  members  of  said 
department  shall  be  subject  to  such  rules  and  regulations 
as  shall,  from  time  to  time,  be  prescribed  by  said  superin- 
tendent, with  the  concurrence  of  the  mayor  and  committee 
on  police. 

129.  He  shall  devote  his  entire  time  to  the  discharge  of 
the  duties  of  his  office,  and  shall  be  charged  with  the  preser- 
vation of  the  peace,  order,  safety  and  cleanliness  of  the 
city,  and  with  the  duty  of  protecting  the  rights  of  persons 
and  property,  and  of  enforcing  all  ordidances  and  orders  of 
the  city  council. 

130.  He  shall  take  notice  of  all  nuisances,  obstructions 
and  defects  in  the  streets  and  alleys,  or  other  public  places 
of  the  city,  and  shall  cause  the  same  to  be  abated  or 
removed,  or  immediate  notice  thereof  given  to  the  proper 
officer  whose  duty  it  may  be  to  take  action  in  relation 
thereto. 

131.  It  shall  be  the  duty  of  the  superintendent  of  police, 
to  promptly  report  to  the  mayor  or  chairman  of  the  police 
committee,  any  member  of  the  police  force,  who  may  be  guilty 
of  drunkenness,  neglect  of  duty,  disobedience  of  orders,  or 
violation  of  the  standing  rules  and  regulations  of  the  police 
department ; and  during  the  pending  of  formal  charges 
against  ^y  police  officer  or  patrolman  on  the  force,  said 
superintendent  may  suspend  such  officer  or  patrolman  from 
duty,  until  such  charges  can  be  investigated. 

132.  He  shall  attend,  either  in  person  or  by  deputy,  all 
meetings  of  the  city  council,  execute  all  its  orders  and 
close  the  council  chamber  upon  the  adjournment  of  that 
body.  He  shall  also  execute  all  warrants  or  other  legal 
process,  required  to  be  executed  by  him  under  any  ordi- 
nance of  the  city. 

133.  Said  superintendent  shall  keep  or  cause  to  be  kept 
books  of  record  of  the  police  department,  and  of  all  persons 
arrested  or  committed  by  the  police,  showing  the  time  and 
place  of  each  arrest,  the  offense  for  which  the  same  was 
made,  the  magistrate  or  court  before  whom  such  person  was 
tried,  and  the  disposition  of  each  case. 

134.  He  shall,  on  the  first  Monday  in  each  month, 
make  a written  report  to  the  city  council,  showing  the 
number  of  arrests  made  by  the  police  force  during  the  pre- 
ceding month,  the  name  of  each  person  arrested,  the  police- 


186 


GENERAL  ORDINANCES  OF 


man  making  the  arrest,  the  offense  charged,  the  magistrate 
before  whom  tried,  the  disposition  of  the  case,  the  amount 
of  fine  imposed,  if  any,  and  the  amount  of  such  fine  col- 
lected. 

135.  Said  superintendent  shall  have  the  care,  custody 
and  control  of  all  books,  records,  equipments  and  other 
property  belonging  to  the  police  department,  and  of  all 
stolen  goods  seized  and  retained  by  police  authority.  Upon 
the  expiration  of  his  term  of  office,  or  his  resignation  or 
removal  therefrom,  he  shall,  on  demand,  surrender  to  his 
successor  in  office,  all  books,  records,  equipments  and  pro- 
perty, of  every  description,  in  his  possession,  belonging  to 
the  city,  or  appertaining  to  his  said  office. 


Article  II. 

THE  SERGEANT  AND  POLICE  PATROLMEN. 

136.  There  is  hereby  created  the  office  of  sergeant  of 
police  of  the  city.  The  term  of  said  office  shall  be  for  one 
year,  and  until  his  successor  is  appointed  and  qualified. 

137.  The  sergeant  of  police  shall  be  appointed  by  the 
mayor,  by  and  with  the  advice  and  consent  of  the  city 
council,  on  the  first  Monday  in  May,  1884,  or  as  soon  there- 
after as  may  be,  and  annually  thereafter. 

138.  The  sergeant  shall,  before  entering  upon  the  duties 
of  his  office,  take  the  oath  prescribed  by  law  for  city  officers, 
and  execute  a bond  to  the  city  of  Springfield  in  the  penal 
sum  of  two  thousand  dollars,  with  sureties  to  be  approved 
by  the  city  council,  conditioned  for^the  faithful  performance 
of  the  duties  of  the  office. 

139.  He  shall  be  the  secretary  of  the  police  department, 
and  shall,  under  the  direction  of  the  superintendent,  keep 
the  books,  records  and  accounts  of  said  department ; and  he 
shall  perform  such  other  and  further  duties  as  may  be  re- 
quired of  him  by  the  mayor,  the  superintendent  of  police,  or 
by  the  rules  and  regulations  of  the  police  department. 

140.  Said  sergeant  shall,  in  case  of  the  temporary  absence 
or  disability  of  the  superintendent,  possess  the  powers  and 
exercise  the  duties  of  the  superintendent  of  police. 

141.  The  police  patrolmen  shall  severally  hold  their  offices 
for  the  term  of  ’one  year,  or  until  their  successors  shall  be 
appointed  and  qualified.  They  shall  be  appointed  by  the 
mayor,  by  and  with  the  advice  and  consent  of  the  city  council, 
on  the  first  Monday  in  May,  1884,  or  as  soon  thereafter  as 
may  be,  and  annually  thereafter. 


THE  CITY  OF  SPRINGFIELD. 


187 


142.  Each  police  patrolman  shall,  before  he  enters  upon 
the  duties  of  his  office,  take  and  subscribe  the  oath  provided 
by  law  for  city  officers,  and  shall  give  a bond  to  the  city  of 
Springfield  in  the  penal  sum  of  one  thousand  dollars,  with 
such  sureties  as  the  citj^  council  shall  approve,  conditioned 
for  the  faithful  performance  of  the  duties  of  the  office. 

143.  The  mayor  shall  designate  one-third  of  the  number 
of  police  patrolmen,  so  appointed  and  qualified,  to  act  as  day 
policemen,  and  the  remaining  two-thirds  to  act  as  night 
policemen.  He  may,  when  necessary,  detail  any  police  officer 
for  the  discharge  of  any  special  police  duty,  and  may  also 
require  all  policemen  to  perform  police  duty  at  any  time  of 
the  day  or  night. 

144.  The  mayor  may,  on  special  occasions,  when  in  his 
judgment  the^  public  peace  and  order  of  the  city  shall  so 
require,  appoint  and  commission  such  number  of  special 
patrolmen  as  may  be  necessary,  and  shall  fix  the  time  in 
the  order  of  their  appointment,  during  which  they  shall  serve, 
and  such  special  patrolmen  shall  possess  the  powers  and 
exercise  the  duties  of  regular  police  patrolmen : Provided, 
that  their  appointment  shall  be  subject  to  the  consent  of  the 
city  council,  as  in  the  case  of  members  of  the  standing 
police  force. 

145.  The  several  members  of  the  police  force,  when  on 
duty,  shall  devote  their  entire  time  to  the  proper  discharge 
of  the  duties  of  their  stations,  according  to  the  laws  and 
ordinances  of  the  city,  and  the  rules  and  regulations  of  the 
police  department ; and  it  shall  be  their  especial  duty  to 
preserve  order,  peace  and  quiet,  and  to  enforce  the  ordin- 
ances throughout  the  city. 

146.  They  shall  have  power  to  arrest,  with  or  without 
process,  all  persons  within  the  city  who  shall  break  the 
peace,  or  be  found  violating  any  ordinance  of  the  city,  or 
any  criminal  law  of  this  State,  to  commit  for  examination, 
and,  if  necessary,  to  detain  such  persons  over  night  or  Sun- 
day in  the  city  prison,  or  other  secure  place,  until  they  can 
be  brought  before  the  proper  magistrate  or  court  for  trial. 

147.  They  shall  have  power  and  authority,  within  the 
corporate  limits  of  said  city,  to  serve  and  execute  warrants 
or  other  legal  process  for  the  apprehension  and  commitment 
of  persons  charged  with,  or  held  for,  the  commission  of  any 
crime  or  misdemeanor,  or  the  violation  of  any  law  or  ordin- 
ance of  said  city,  and  while  serving  or  executing,  or  assist- 
ing in  the  service  or  execution  of  any  such  warrant  or  legal 
process,  they  shall  be  vested  with  all  the  common  law  and 
statutory  power  of  constables  for  such  purposes. 


188 


GENERAL  ORDINANCES  OF 


148.  They  shall  also  have  power  and  authority  to  execute 
city  warrants,  or  other  like  legal  process,  without  the  corpor- 
ate limits  of  the  city,  and  within  such  distance  therefrom  as 
is  authorized  by  law,  in  all  cases  when  any  ordinance  of  the 
city  council,  made  pursuant  to  law,  shall  prescribe  a penalty 
for  the  violation  of  any  of  its  provisions  by  persons  residing, 
acting  or  doing  business  without  the  limits  of  said  city. 

149.  Any  police  officer  of  the  city  may,  at  any  time, 
call  upon  any  able-bodied  male  person,  above  the  age  of 
eighteen  years,  to  aid  him  in  the  arresting,  re-taking  or  hold- 
ing in  custody,  of  any  person  guilty  of  having  committed 
any  unlawful  act,  or  charged  therewith,  or  to  aid  such  offi- 
cer in  preventing  the  commission  of  any  unlawful  act;  and 
whoever  shall  neglect  or  refuse  to  give  such  aid  or  assist- 
ance, when  so  required,  shall  incur  a penalty  of  not  less 
than  three  dollars  nor  more  than  twenty-five  dollars,  for 
each  offense. 

150.  It  shall  be  the  duty  of  the  members  of  the  police 
force  to  aid  the  fire  department  by  giving  alarms  in  case  of 
fire,  and  in  clearing  the  streets  or  grounds  in  the  immediate 
vicinity  of  any  fire,  so  that  the  firemen  shall  not  be  hindered 
or  obstructed  in  the  performance  of  their  duties. 

151.  Any  member  of  the  police  department  who  shall 
neglect  or  refuse  to  perform  any  duty  required  of  him  by 
the  ordinances  of  the  city,  or  the  rules  and  regulations  of 
said  department,  or  who  shall,  in  the  discharge  of  his  offi- 
cial duties,  be  guilty  of  any  fraud,  favoritism,  extortion, 
oppresssion,  or  willful  wrong  or  injustice,  shall,  in  each  case, 
be  subject  to  a fine  of  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars,  and  shall  also  be  subject  to  re- 
moval from  office. 

152.  Whoever,  in  this  city,  shall  resist  or  obstruct  any 
member  of  the  police  force  in  the  discharge  of  his  duty,  or 
shall  in  any  way  hinder  or  prevent  him  from  the  discharge 
of  his  duty,  or  shall  endeavor  to  do  so;  and  whoever  shall, 
in  any  manner,  assist  any  person  in  the  custody  of  any 
member  of  the  police  force  to  escape,  or  attempt  to  escape, 
from  such  custody,  or  shall  attempt  to  rescue  any  person  in 
custody,  shall  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 

153.  Any  person  who  shall  falsely  represent  any  of  the 
members  of  the  police  department  of  this  city,  or  shall  ma- 
liciously, or  with  intent  to  deceive,  use  or  imitate  any  of 
the  signs,  signals  or  devices  used  by  said  department,  or 
who,  not  being  a police  officer,  shall  wear  in  public  the 
police  uniform,  shall  be  subject  to  a fine  of  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  in  each  case. 


THE  CITY  OF  SPRINGFIELD. 


189 


154.  Draymen,  backmen,  omnibus  drivers,  baggagemen, 
runners,  porters,  and  other  such  persons,  when  at  or  about 
any  railroad  depot  or  other  public  place  in  the  city,  shall 
obey  the  demands  of  the  police  officer  or  officers  who  may 
be  stationed  or  doing  duty  at  or  about  such  depots,  or  other 
public  places,  for  the  preservation  of  order  and  enforcing 
the  ordinances.  Whoever  shall  refuse  to  obey  the  lawful 
commands  or  directions  of  any  police  officer  as  aforesaid, 
shall  be  liable  to  a fine  of  three  dollars. 


Article  III. 

SPECIAL  PROVISIONS. 

155.  The  several  members  of  the  police  force  shall  wear 
a uniform,  which  shall  consist  of  a blue  frock  coat,  with 
brass  buttons,  blue  vest  and  pants,  a black  hat  or  cap,  and 
a metal  star  or  badge ; all  to  be  of  such  material  and  pat- 
tern as  may  be  prescribed  by  the  committee  on  police. 
Said  uniform  to  be  furnished  by  each  member  of  the  force, 
at  his  own  expense,  except  the  hat  or  cap  and  star : Provi- 
ded, that  from  the  first  of  June  to  the  first  of  October,  in 
each  year,  they  may  wear  a blue  sack  coat  or  blouse  instead 
of  the  frock  coat,  and  a light  felt  hat,  stiff-rimmed,  to  be 
known  as  the  “regulation  hat.” 

156.  Each  police  officer  or  patrolman  shall,  upon  his 
appointment,  be  supplied  by  the  city  with  a badge,  and  a 
copy  of  the  rules  and  regulations  established  for  the^overn- 
ment  of  the  police  department. 

157.  Upon  the  expiration  of  the  term  of  office  of  the 
sergeant  or  any  police  patrolman,  or  his  resignation  or  re- 
moval from  office,  he  shall  immediately  deliver  to  the  super- 
intendent of  police,  for  the  use  of  the  city,  his  star  or  badge 
and  billy,  and  all  papep:s  and  effects,  in  his  possession,  be- 
longing to  the  city,  or  appertaining  to  his  said  office. 

158.  Any  member  of  the  police  department  receiving 
injury  or  becoming  disabled,  while  in  the  discharge  of  his 
official  duties,  so  as  to  prevent  him  from  attending  to  the 
same,  may  receive  his  usual  salary  for  the  period  of  not 
exceeding  four  months,  provided  his  disability  shall  last  that 
long.  The  fact  of  such  disability  and  its  duration  shall  be 
certified  to  by  his  attending  physician,  or  such  other  evidence 
thereof  produced  as  the  mayor  or  comptroller  may  require. 

159.  Upon  application  by  any  railroad  company  having 
a depot  in  said  city,  or  by  any  other  private  company  or 
corporation,  the  mayor  may  appoint  one  or  more  watchmen. 


190 


GENERAL  ORDINANCES  OF 


to  continue  in  office  during  the  pleasure  of  the  mayor  and 
said  company  or  companies.  Said  watchmen  shall  have  the 
same  powers  and  perform  the  same  duties  as  police  patrol- 
men, at  and  about  the  railroad  depots,  or  other  places  for 
which  they  are  appointed;  but  no  such  watchman  shall 
receive  any  salary  or  compensation  for  his  services  other 
than  that  which  may  be  paid  him  by  the  company  at  whose 
request  he  was  appointed.  Every  such  watchman,  before  he 
enters  upon  his  duties,  shall  qualify  in  like  manner  as  a 
police  patrolman. 


Article  IV. 

PROCEEDINGS  TO  RECOVER  FINES  AND  PENALTIES — REPORTS  OF 

MAGISTRATES. 

160.  All  suits  or  actions  for  the  recovery  of  any  fine, 
penalty  or  forfeiture,  arising  under  the  laws  or  ordinances 
of  the  city  of  Springfield,  where  the  amount  sued  for,  or  in 
controversy,  does  not  exceed  two  hundred  dollars,  may  be 
brought  before  any  police  magistrate  or  justice  of  the  peace 
of  or  in  the  city. 

161.  When  any  violation  of  any  law  or  ordinance  of  the 
city  shall  come  to  the  knowledge  of  the  superintendent  of 
police,  or  to  any  member  of  the  police  force,  he  shall,  with- 
out delay,  make,  or  cause  to  be  made,  the  proper  complaint 
before  a police  magistrate  or  justice  of  the  peace,  and  the 
necessary  witnesses  to  be  subpoenaed,  or  other  evidence  pro- 
cured, for  the  successful  prosecution  of  the  offender. 

162.  When  any  action  shall  be  brought  against  any  in- 
corporated company,  for  a violation  of  any  law  or  ordinance 
of  said  city,  the  police  magistrate  or  justice  of  the  peace 
before  whom  the  complaint  is  made,  shall  issue  a summons 
against  the  company,  stating  therein  the  nature  of  the  action 
or  suit,  which  summons  shall  be  returnable  forthwith,  and 
may  be  executed  by  leaving  a copy  thereof  with  the  presi- 
ilent,  secretary,  superintendent,  general  agent  or  principal 
clerk  of  such  company,  if  any  of  them  can  be  found  in  the 
city,  and  if  not,  then  by  leaving  a copy  with  any  clerk, 
conductor,  paymaster,  or  other  agent  to  be  found  within  the 
city;  and  upon  the  return  of  such  summons  duly  served, 
the  magistrate  or  justice  shall  proceed  to  hear  and  deter- 
mine the  case  in  like  manner  as  other  cases  are  determined, 
when  a warrant  is  issued  and  the  defendant  arrested  and 
brought  into  court. 

163.  No  process  shall  be  necessary  where  the  person  is 
legally  arrested  without  warrant  and  brought  before  the 


THE  CITY  OF  SPEINGFIELD. 


191 


court  or  magistrate ; but  the  officer  making  such  arrest  shall, 
unless  waived  by  the  person  arrested,  make  and  tile  an  affi- 
davit, setting  forth  the  cause,  time  and  place  of  the  arrest, 
and  a memorandum  thereof  shall  be  entered  upon  the  docket 
of  the  court. 

164.  No  suit  or  proceeding,  under  the  laws  or  ordinances 
of  said  city,  shall  be  dismissed  for  any  defect  or  informality 
in  the  complaint,  if  the  offense  be  substantially  alleged 
therein ; and  amendments  may  be  allowed  in  all  cases  upon 
such  terms  as  the  magistrate  or  court  shall  deem  just  and 
reasonable. 

165.  If  the  name  of  any  defendant  is  unknown,  he  may  • 
be  designated  by  any  description  by  which  he  can  with  cer- 
tainty be  identified;  and  if  upon  arrest  he  shall  refuse  to 
disclose  his  true  name,  he  may  be  tried  and  convicted  by 
the  designation  used  in  the  warrant.  But  where  the  true 
name  of  any  defendant  is  known  to  the  magistrate,  or  can 
Le  ascertained  by  him,  it  shall  be  the  duty  of  such  magis- 
trate to  place  the  same  upon  his  docket. 

166.  In  all  suits  before  police  magistrates  or  justices  of 
the  peace,  arising  under  the  laws  or  ordinances  of  the  city, 
continuances  may  be  granted  for  good  cause  shown,  upon 
oath,  in  the  discretion  of  the  court ; but  in  any  such  case 
the  defendant,  if  required,  shall  give  bond  and  security  for 
his  appearance  at  the  time  fixed  for  trial,  or  remain  in  cus- 
tody. 

167.  Any  person  who  may  be  arrested  or  in  the  custody 
of  any  police  officer,  for  a violation  of  any  ordinance  of  the 
city,  may  be  released  from  custody  or  imprisonment  by  en- 
tering into  bond  or  recognizance  "before  such  police  officer, 
or  before  any  police  magistrate  or  justice  of  the  peace  of 
the  city,  in  such  reasonable  sum,  and  with  such  surety  or 
sureties  as  may  be  required  of  him,  conditioned  for  his  ap- 
pearance before  the  court  named  therein,  at  the  time  men- 
tioned therein,  to  answer  to  the  offense  with  which  he  may 
stand  charged,  and  not  depart  the  court  without  leave. 

168.  When  any  person,  being  arrested  or  in  custody,  and 
having  given  bond  as  aforesaid,  shall  fail  to  appear  at  the 
time  and  place  when  and  where  the  suit  is  set  for  trial,  the 
magistrate  or  justice  of  the  peace  may  proceed  with  the 
hearing  of  the  cause,  and  hear  the  testimony  on  behalf  of 
the  city,  and  render  judgment  by  default  for  such  amount 
as  the  court  shall  deem  just  and  proper  under  the  evidence 
in  the  case ; and  suit  may  be  forthwith  brought  against  the 
surety  or  sureties  on  the  defendant’s  bond  for  the  amount 
of  the  penalty  thereof,  and  judgment  rendered  by  the  court 


192 


GENERAL  ORDINANCES  OF 


for  the  same,  and  all  costs,  or  so  much  of  such  penalty  as 
may  seem  just  and  equitable,  upon  consideration  of  the  facts 
and  circumstances  of  the  case. 

169.  Any  person  arraigned  before  a police  magistrate  or 
justice  of  the  peace  for  a violation  of  any  ordinance  of  the 
city,  may  have  the  case  tried  by  a jury,  if  he  or  she  shall 
so  demand  before  the  trial  is  entered  upon.  The  number, 
impanneling,  and  qualifications  of  jurors  shall  be  governed 
by  the  statutes  of  this  State  in  relation  to  like  proceedings 
before  justices  of  the  peace. 

170.  All  police  officers  making  arrests  shall  attend  as 
witnesses  before  the  police  court  or  courts,  and  shall  pro- 
cure all  necessary  evidence  in  their  power,  and  furnish  a 
list  of  all  witnesses  to-  the  magistrate  or  the  city  attorney. 
But  no  costs  of  any  kind  shall  be  taxed  against  or  collected 
of  the  city  in  any  such  court,  and  no  city  officer  shall  be 
entitled  to  any  witness  fees  in  any  action  for  a violation  of 
any  city  ordinance. 

171.  If  any  person  charged  with  any  offense  under  the 
ordinances  of  the  city  shall,  upon  trial  therefor,  be  acquitted, 
and  it  shall  satisfactorily  appear  to  the  court  that  the  com- 
plaint or  prosecution  was  instituted  maliciously  or  vexatiously, 
and  without  probable  cause,  judgment  may  be  rendered 
against  the  complainant  or  prosecuting  witness  for  the  costs 
in  the  case,  and  execution  issued  for  the  collection  of  the 
same  out  of  his  goods  and  chattels. 

172.  Every  police  magistrate  or  justice  of  the  peace, 
before  whom  any  suits  may  be  brought  in  the  corporate 
name  of  the  city  for  the  recovery  of  any  fines  or  penalties, 
shall  monthly,  on  the  first  Monday  in  each  month,  report 
to  the  city  council  (on  blanks  to  be  provided  for  that  pur- 
pose by  the  city  comptroller)  a detailed  list  of  all  suits 
brought  by  him  in  the  name  of  the  city,  since  his  last  re- 
port, with  the  disposition  made  of  each  case,  the  amount 
of  fine  imposed,  if  any,  the  name  of  the  officer  charged  with 
the  collection  of  the  same,,  the  amount  collected  thereon, 
and  also  the  amount  collected  since  his  last  report  on  any 
judgment  for  any  fine  imposed  prior  to  such  report;  and  if 
any  police  magistrate  or  justice  of  the  peace  shall  fail  to 
make  report  as  herein  required,  he  shall  be  liable  to  an 
action  on  his  official  bond  for  any  loss  or  damage  to  the 
city  resulting  from  any  such  failure  or  neglect. 

173.  Each  police  magistrate  and  justice  of  the  peace,  or 
other  such  officer,  collecting  fines,  costs  or  moneys  on  ac- 
count of  the  city,  shall  pay  the  same  into  the  city  treasury 
on  or  before  the  first  Monday  in  each  and  every  month. 


THE  CITY  OF  SPRINGFIELD. 


193 


If  any  stich  magistrate  or  justice  of  the  peace  shall  neglect 
or  refuse  to  pay  over  the  amount  of  any  fine  or  any  moneys 
collected  by  him  for  the  use  of  the  city,  as  herein  required, 
legal  proceedings  may  be  commenced  at  any  time  to  compel 
such  payment ; and  it  shall  be  the  duty  of  the  city  comp- 
troller, after  notice  given  and  a reasonable  time  has  elapsed 
without  payment,  to  bring  suit  in  the  name  of  the  city,  in 
some  court  of  competent  jurisdiction,  against  the  delinquent 
officer  and  his  securities,  and  to  require  the  city  attorney  to 
aid  him  in  the  prosecution  thereof  to  final  judgment. 

174.  If  any  police  magistrate  or  justice  of  the  peace 
shall  neglect  or  refuse  to  hold  a police  court  at  any  reason- 
able time,  when  so  required,  or  shall  fail  to  pay  into  the 
city  treasury  any  moneys  collected  by  him  for  the  use  of 
the  corporation,  or  to  make  his  monthly  report  as  herein- 
before required,  the  city  council  may  order  all  suits  in  the 
name  of  the  city,  for  the  recovery  of  any  fine  or  penalty, 
to  be  brought  before  some  other  magistrate  or  justice  of  the 
peace. 

175.  It  shall  be  the  duty  of  every  police  officer  or  patrol- 
man, receiving  any  execution  for  the  collection  of  any  fine, 
to  render  to  the  police  magistrate  or  justice  of  the  peace 
issuing  the  same,  on  the  first  day  of  each  month,  a state- 
ment in  writing  in  relation  to  what  has  been  done  with  said 
execution,  and  the  amount  of  money  paid  thereon,  if  any, 
and  such  statement  shall  be  filed  by  the  magistrate  or  justice 
with  the  city  comptroller,  at  the  time  of  making  his  monthly 
report  to  the  city  council.  In  case  of  the  failure  of  any 
police  officer  to  render  the  statement  herein  required,  the 
city  comptroller  may  charge  the  amount  of  the  uncollected 
execution  or  executions  against  such  officer,  so  failing  to 
report,  and  deduct  the  same  from  his  salary. 

Article  V. 

THE  CITY  PRISON  AND  KEEPER. 

176.  The  buildings  and  inclosures,  which  now  are  or  may 
hereafter  be  erected,  situated  upon  lot  number  seven  (7),  in 
block  number  one  (1)  of  the  old  town  plat  of  the  town  (now 
city)  of  Springfield,  are  hereby  constituted  and  established 
as  a city  prison  and  workhouse,  for  the  confinement  and 
safe  keeping  of  all  persons  who  may  be  legally  committed 
thereto  by  any  police  magistrate  or  justice  of  the  peace,  or 
other  proper  officer,  for  any  violation  of  the  laws  or  ordi- 
nances of  the  city,  or  for  the  non-payment  of  any  fine  or 
penalty  legally  adjudged  against  such  persons  by  any  magis- 
trate or  other  competent  court. 

—13 


194 


GENERAL  ORDINANCES  OF 


, 177.  There  is  hereby  created  the  office  of  keeper  of  the 
city  prison  and  workhouse.  He  shall  hold  his  office  for  the 
term  of  one  year,  and  until  his  successor  shall  be  duly 
appointed  and  qualified. 

178.  The  city  prison  keeper  shall  be  appointed  by  the 
mayor,  by  and  with  the  advice  and  consent  of  the  city  coun- 
cil, on  the  first  Monday  in  May,  1884,  as  nearly  as  may  be, 
and  annua^lly  thereafter.  Before  entering  upon  the  duties  of 
his  office,  he  shall  take  the  oath  prescribed  by  law,  and 
shall  execute  a bond  to  the  corporation  in  the  penal  sum  of 
two  thousand  dollars,  with  such  sureties  as  the  city  council 
shall  approve,  conditioned  for  the  faithful  discharge  of  the 
duties  of  the  office. 

179.  The  keeper  of  the  city  prison  shall  be  ex-officio  a 
policeman,  and  shall  possess  the  same  powers  and  perform 
the  same  duties  as  other  police  patrolmen.  He  shall  reside 
in  the  portion  of  the  city  prison  alloted  for  that  purpose, 
and  shall  have  the  charge,  custody  and  keeping  of  the  prison 
and  workhouse,  and  of  the  grounds  and  appurtenances  be- 
longing thereto,  and  of  all  persons  legally  committed  to  or 
confined  therein,  under  the  direction  and  supervision  of  the 
mayor  and  city  council.  He  shall  attend  at  the  prison  at 
all  times,  and,  when  required,  shall  receive  into  his  custody 
and  safely  keep  and  confine  therein  all  persons  who  may  be 
legally  committed  to  his  custody  or  charge  by  any  proper 
officer,  police  magistrate  or  justice  of  the  peace,  until  they 
shall  be  legally  taken  or  discharged  therefrom.  He  shall 
furnish  to  all  persons  who  may  be  confined  or  kept  in  the 
prison  under  his  charge  (when  the  person  himself  shall  not 
do  so),  at  proper  times,  suitable,  necessary,  and  plain,  whole- 
some food  and  drink,  and  comfortable  bedding. 

180.  When  any  person  shall  be  committed  by  order  of 
any  police  magistrate,  justice  of  the  peace  or  other  compe- 
tent court,  for  the  non-payment  of  any  fine,  penalty  or  for- 
feiture adjudged  against  him,  and  has  no  goods  or  chattels 
out  of  which  the  judgment  and  execution  against  him  can 
be  collected,  the  police  officer  having  charge  of  the  execu- 
tion shall  deliver  such  person,  with  a copy  of  the  execution, 
and  with  the  amount  of  the  fine  or  penalty  and  costs  adjudged 
against  him,  into  the  custody  of  the  city  prison  keeper,  who 
shall  receive  such  person,  and  receipt  for  him  to  the  officer 
upon  the  execution  retained  by  him,  and  shall  enter  in  a 
book  kept  for  that  purpose  the  date  and  amount  of  the  fine 
and  costs,  and  the  number  of  days  which  the  person  will  be 
required  to  be  confined  in  order  to  discharge  the  same  at 
the  rate  of  fifty  cents  per  day. 


THE  CITY  OF  SPRINGFIELD. 


195 


181.  The  keeper  of  the  city  prison  and  workhouse  may 
require  any  person  committed  to  his  custody  for  the  non- 
payment of  any  fine  or  penalty  imposed  on  him  by  any 
police  magistrate  or  justice  of  the  peace,  for  any  violation 
of  the  laws  or  ordinances  of  the  city,  to  perform  such  manual 
labor  as  his  or  her  strength  will  permit,  within  or  without 
the  prison,  for  not  exceeding  ten  hours  each  working  day, 
and  in  such  manner  as  the  prison  keeper  shall  direct;  and 
if  such  person  shall  refuse  to  labor  when  required,  or  shall 
conduct  himself  in  a disorderly  manner,  or  refuse  to  obey 
the  lawful  commands  of  the  prison  keeper,  or  shall  resist 
him  or  attempt  to  escape,  he  shall  not  be  entitled  to  any 
credit  on  his  fine  or  judgment  until  he  shall  consent  to  labor, 
and  if  he  shall  escape  he  shall  forfeit  the  whole  amount 
credited  or  paid  on  his  fine  by  imprisonment,  and  if  retaken 
shall  serve  out  the  entire  amount  of  the  fine  and  costs  for 
which  he  was  originally  committed. 

182.  The  keeper  of  the  city  prison  shall  keep  a record, 
in  which  he  shall  register  the  name  of  each  person  com- 
mitted to  or  confined  therein,  the  offense  for  which  such 
person  was  committed,  the  time  when  and  by  what  officer 
committed,  the  date  and  manner  of  discharge,  and  by  what 
authority  discharged;  and  he  shall  carefully  preserve  the 
original  (if  left  with  him)  or  a copy  of  each  execution,  mit- 
timus or  warrant  of  commitment. 

183.  Me  shall,  on  the  first  Monday  in  each  month,  pay 
into  the  city  treasury  all  moneys  which  he  may  have  re- 
ceived for  fines  due  the  corporation  from  any  person  com- 
mitted to  his  custody  for  any  violation  of  the  ordinances  of 
the  city,  and  he  shall  also  report  the  amount  of  the  same 
to  the  city  council,  in  writing,  with  the  names  of  all  per- 
sons committed  or  confined  during  the  preceding  month,  the 
offense  for  which  committed,  the  amount  of  the  fine  and 
cost,  the  time  for  which  committed,  and  when  discharged; 
and  if  any  such  persons  were  discharged  before  the  expira- 
tion of  the  time  for  which  they  were  committed,  the  report 
shall  state  for  what  reason  and  by  whose  authority  discharged. 

184.  The  city  prison  keeper  shall  not  release  or  discharge 
any  person  committed  to  his  custody,  except  when  such 
person  may  be  taken  out  for  trial  by  the  proper  officer,  or 
otherwise  released  or  discharged  according  to  law;  and  he 
shall  not  release  or  discharge  any  person  committed  into  his 
custody  for  the  non-payment  of  any  fine  or  penalty  adjudged 
against  him,  until  the  same  is  paid,  or  until  the  time  for 
which  he  was  committed  shall  have  expired,  except  when 
such  person  may  be  duly  released  by  the  mayor,  or  other- 
wise lawfully  discharged.  If  said  prison  keeper  shall  release 


196 


GENERAL  ORDINANCES  OF 


or  discharge  any  person  committed  into  his  custody,  contrary 
to  the  provisions  of  this  section,  or  suffer  or  permit  such 
person  to  escape,  he  shall  be  liable  for  the  full  amount  of 
the  fine  and  costs  due  from  such  person  at  the  time  of  his 
escape,  and  to  an  additional  penalty  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars,  and  may  be  re- 
moved from  office. 

185.  The  keeper  of  the  city  prison  and  workhouse  shall 
keep  the  same,  with  the  appurtenances,  cells,  furniture  and 
bedding  thereof,  clean,  in  good  order,  and  free  from  vermin 
and  other  things  prejudicial  to  the  health  and  comfort  of 
persons  confined  therein ; and  he  shall,  if  necessary,  compel 
such  persons  to  keep  themselves  and  their  wearing  apparel 
in  a cleanly  and  decent  condition,  and  to  cleanse  their 
apartments  or  other  parts  of  the  prison,  when  they  shall 
willfully  or  unnecessarily  defile  the  same. 

186.  The  committee  on  police  may  make  and  establish 
such  reasonable  rules  and  regulations  for  the  maintenance 
of  good  order  and  discipline  in  the  city  prison  and  work- 
house  as  they  may  find  expedient  or  necessary;  and  the 
prison  keeper,  upon  receiving  any  person  into  his  custody, 
shall  read  over  said  rules  and  regulations  in  the  hearing  of 
such  person,  and  shall  at  all  times  strictly  enforce  the  same. 

187.  Whenever  the  city  physician  (if  there  be  one)  shall 
be  unable  to  attend  on  any  prisoner  requiring  medical  aid, 
the  prison  keeper  shall  be  authorized  to  employ,  with  the  con- 
sent of  the  mayor,  such  other  medical  assistance  as  he  may 
deem  necessary. 

188.  It  shall  be  the  duty  of  the  committee  on  police  to 
visit  the  city  prison  as  often  as  once  a month,  and  to  in- 
quire into  the  treatment  of  persons  confined  therein,  and  see 
that  the  prison  is  kept  in  good  order  and  condition,  and  that 
the  provisions  of  this  article  and  the  rules  and  regulations 
of  the  prison  are  strictly  observed  and  enforced ; and  they 
shall  report  to  the  city  council  any  neglect  of  duty  or  ineffi- 
ciency on  the  part  of  the  keeper  thereof. 

189.  The  keeper  of  the  city  prison  and  workhouse  shall 
treat  all  persons  committed  to  his  charge  humanely ; and  if 
he  shall  unnecessarily  assault,  beat,  abuse,  or  otherwise 
maltreat,  any  person  in  his  custody,  or  knowingly  suffer  or 
permit  the  same  to  be  done ; or  shall  supply  any  such  person 
with  any  intoxicating  liquor  as  a beverage,  or  knowingly 
suffer  or  permit  the  same  to  be  done;  or  shall  be  guilty  of 
any  lascivious  behavior,  or  other  improper  conduct,  toward 
any  female  in  his  custody,  or  knowingly  suffer  or  permit 
others  to  be  guilty  of  such  conduct ; or  shall  fail  to  supply 


THE  CITY  OF  SPRINGFIELD. 


197 


each  and  every  person  in  his  custody  with  a sufficient 
quantity  of  wholesome  food  or  drink,  at  reasonable  and 
proper  intervals,  or  with  the  necesssary  bedding,  he  shall,  in 
each  and  every  case,  be  subject  to  a penalty  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars ; and  a 
conviction  under  any  of  the  provisions  of  this  section  shall 
be  deemed  cause  for  his  removal  from  office. 


Article  VI. 

WORKING  PRISONERS  ON  STREETS. 

190.  When  any  able-bodied  male  person  shall  be  com- 
mitted to  the  city  prison  and  workhouse  for  the  non-payment 
of  any  fine  or  penalty  adjudged  against  him,  it  shall  be  the 
duty  of  the  prison  keeper  to  deliver  such  person,  with  the 
mittimus  or  execution,  indorsed  with  the  amount  of  the  fine 
and  costs,  including  board  to  date,  into  the  charge  of  the 
city  superintendent  of  streets,  who  shall,  if  practicable,  re- 
ceive such  person  and  receipt  for  him  to  the  prison  keeper, 
and  shall  enter  in  a suitable  book,  to  be  kept  by  him,  the  amount 
of  the  fine  and  costs,  and  the  number  of  days  which  the 
person  will  be  required  to  work  to  discharge  the  same.  Said 
superintendent  shall  thereupon  compel  such  person  to  labor 
on  the  streets  and  alleys  of  the  city  for  ten  hours  in  each 
working  day,  and  shall  credit  him  with  not  less  than  fifty 
cents,  nor  more  than  one  dollar  and  fifty  cents,  exclusive  of 
board,  for  every  day  he  shall  so  diligently  labor,  and  shall 
discharge  him  when  he  shall  have  labored  out  his  fine  and 
the  costs. 

191.  The  superintendent  of  streets,  having  received  any 
person  into  his  charge  for  the  purpose  of  working  out  his 
fine  and  costs,  as  aforesaid,  may  commit  such  person  to  the 
city  prison  for  safe  keeping  when  not  laboring,  and  take  him 
therefrom  each  day  for  the  purpose  of  laboring, 

192.  Any  person  so  committed,  who  shall  refuse  to  labor, 
or  shall  conduct  himself  in  a disorderly  manner,  or  shall 
refuse  to  obey  the  lawful  orders  of  the  street  superintendent, 
or  his  assistant  or  deputy,  or  shall  resist  him  or  attempt  to 
escape,  shall  not  be  entitled  to  any  credit  upon  his  fine,  and 
shall  be  re-committed  to  confinement  until  he  consents  to 
labor ; and  said  superintendent  may  attach  a ball  and  chain 
to  any  such  person,  in  order  to  prevent  his  escape.  If  such 
person  shall  escape,  he  shall  forfeit  all  of  his  labor  performed, 
and  if  re-taken,  shall  work  out  the  whole  amount  of  the  fine 
and  costs  for  which  he  was  originally  committed. 


198 


GENEEAL  ORDINANCES  OF 


193.  Any  person  committed  as  aforesaid,  may,  at  any 
time,  pay  the  amount  of  the  execution  against  him ; and  upon 
such  payment  being  made,  or  upon  his  laboring  out  the 
amount  of  his  fine  and  costs,  or  otherwise  being  entitled  to 
his  discharge,  the  officer  having  him  in  custody  shall,  if 
required,  give  him  a written  discharge,  and  set  him  at 
liberty. 

194.  It  shall  be  the  duty  of  the  superintendent  of  streets, 
having  any  person  in  his  charge  or  custody  for  the  purpose 
of  working  out  their  fines  upon  the  streets,  to  report  monthly 
to  the  city  council,  stating  their  names,  with  the  amount  of 
the  fine  in  each  case,  the  manner  of  discharging  the  same, 
and  the  number  of  days’  labor  performed  by  each.  If  any 
such  person  shall  escape  from  his  custody,  he  shall  forth- 
with notify  the  superintendent  or  sergeant  of  police  thereof. 


THE  CITY  OF  SPBINGFIELD. 


199 


CHAPTER  Vll. 


THE  FIKE  DEPAETMENT. 


Akticle  I.  Department  Established. 

II.  The  Fire  iMarshal. 

III.  The  Firemen  and  Fire  Committee. 


Article  I. 

ESTABLISHING  OF  THE  DEPARTMENT. 

Sec.  195.  There  is  hereby  established  a department  of  the  . 
municipal  government  of  the  city  of  Springfield,  which  shall 
be  known  as  the  “Fire  Department,”  and  shall  embrace  one  fire 
marshal,  two  engineers,  two  firemen,  five  drivers,  two  hose- 
men,  one  tillerman,  and  six  extra  hosemen,  and  such  other 
or  farther  number  of  each  as  the  city  council  may  hereafter, 
from  time  to  time,  by  ordinance  or  resolution,  provide. 

196.  The  location  of  the  two  companies  composing  said 
department  shall  be  as  follows:  Engine  Company  No.  1, 
[Button]  shall  be  located  in  the  house  or  rooms  under  the 
city  hall,  on  Monroe  street.  Engine  Company  No.  2,  [Silsby] 
shall  be  located  in  the  engine  house  on  Jefferson  street, 
between  Third  and  Fourth  streets.  The  Hook  and  Ladder 
trucks  and  apparatus  shall  be  kept  in  the  house  adjoining 
that  occupied  by  the  first  named  engine  company,  on  Mon- 
roe street,  in  said  city. 


Article  II. 

THE  FIRE  MARSHAL. 

197.  There  is  hereby  created  the  office  of  fire  marshal  of 
the  city  of  Springfield.  He  shall  hold  his  office  for  the  term 
of  one  year,  and  until  his  successor  shall  be  appointed  and 
qualified.  Said  fire  marshal  shall  be  appointed  by  the  mayor, 
by  and  with  the  advice  and  consent  of  the  city  council,  on 
the  first  Monday  in  May,  1881,  or  as  soon  thereafter  as  may 
be,  and  annually  thereafter. 


200 


GENERAL  ORDINANCES  OF 


198.  The  fire  marshal  shall,  before  entering  upon  the 
duties  of  his  office,  take  and  subscribe  the  oath  prescribed 
by  law  for  city  officers,  and  shall  execute  a bond  to  the 
corporation  in  the  penal  sum  of  twenty-five  hundred  dollars, 
with  sureties  to  be  approved  by  the  city  council,  conditioned 
for  the  faithful  performance  of  the  duties  of  his  office. 

199.  Said  fire  marshal  shall  be  the  chief  of  the  fire 
department,  and  in  subordination  to  the  mayor  and  com- 
mittee on  fire  and  water,  shall  have  full  command  and  con- 
trol over  said  department,  and  over  all  the  members  thereof. 
He  shall  have  the  general  care  and  custody  of  the  engines, 
hose  carts  and  hose,  horses,  trucks,  hooks  and  ladders,  and 
all  other  property  and  equipments  belonging  to  the  fire  depart- 
ment, and  he  shall  personally  attend  to  all  repairs  required 
to  be  made  upon  the  same. 

200.  He  shall  attend  all  fires  occurring  within  the  city, 
and  take  command  of  the  organization,  and  shall  see  that 
the  several  members  of  the  fire  department  faithfully  perform 
their  respective  duties.  With  the  concurrence  of  the  mayor, 
or  any  two  aldermen,  the  fire  marshal  may  order  the  tearing 
down  and  removal  of  any  building,  or  may  direct  the  blow- 
ing up  of  any  building,  when,  in  either  case,  it  shall  be 
deemed  necessary  to  check  the  progress  of  any  fire. 

201.  He  may,  either  upon  his  own  knowledge,  or  upon 
information  communicated  to  him  by  others,  prefer  formal 
charges  to  the  fire  and  water  committee  against  any  mem- 
ber of  the  fire  department  for  incompetency,  neglect  of  duty, 
disobedience  of  orders,  or  violation  of  any  of  the  standing 
rules  and  regulations  of  said  department ; and  he  may  also, 
pending  such  charges,  suspend  such  delinquent  member  from 
duty,  and  such  suspension  shall  continue  in  force  until  the 
charges  can  be  investigated  by  the  committee  on  fire  and 
water,  and  final  action  be  taken  thereon  by  said  committee 
and  the  city  council. 

202.  Every  person  above  the  age  of  eighteen  years,  present 
at  any  fire  in  said  city,  shall  be  subject  to  the  orders  of  the 
fire  marshal  in  extinguishing  the  fire,  and  in  removing  and 
protecting  property ; and  in  case  such  person  shall  neglect 
or  refuse  to  obey  such  orders,  he  shall  be  liable  to  a fine  of 
not  exceeding  five  dollars  for  every  such  offense : Provided, 
that  no  person  not  a member  of  the  fire  department  shall 
be  bound  to  obey  the  orders  of  the  fire  marshal  at  any  fire, 
unless  he  shall  wear  his  badge  of  office,  or  his  official  char- 
acter shall  be  otherwise  known  or  made  known  to  such  person. 

203.  Said  fire  marshal  shall  keep,  in  a book,  to  be  pro- 
vided by  the  city  for  that  purpose,  a full  and  accurate  record 


THE  CITY  OF  SPRINGFIELD. 


201 


of  all  transactions  in  the  fire  department,  and  of  all  property 
placed  in  his  charge  or  custody ; and  he  shall,  annually,  at 
the  close  of  each  fiscal  year,  make  a written  report  to  the  city 
council,  showing  the  condition  of  the  department  under  his 
management,  together  with  a complete  list  of  all  fires  occur- 
ring in  said  city  during  the  preceding  year,  the  date  and 
location  of  each  fire,  the  name  of  the  owner  of  the  property 
destroyed,  the  cause  of  the  fire,  loss  incurred  thereby,  amount 
of  insurance,  and  such  other  information  as  he  may  deem 
important  to  the  city. 

20A.  In  case  of  the  temporary  absence  or  disability  of  the 
fire  marshal,  the  mayor  may  appoint  some  competent  mem- 
ber of  the  fire  department  or  other  person,  who,  during  such 
absence  or  disability,  shall  possess  the  powers  and  exercise 
the  duties  of  said  marshal. 

205.  Upon  the  expiration  of  his  term  of  office,  or  his 
resignation  thereof  or  removal  therefrom,  the  fire  marshal 
shall,  on  demand,  deliver  to  his  successor  in  office,  all  books, 
records,  equipments  and  property  of  every  description,  in 
his  possession,  belonging  to  the  city,  or  appertaining  to  his 
said  office. 


Article  III. 

THE  firemen  and  FIRE  COMMITTEE. 

206.  The  engineers,  firemen,  drivers,  tillerman,  hosemen 
and  extra  hosemen,  or  other  employes  of  the  fire  depart- 
ment, shall  be  appointed  by  the  mayor,  from  time  to  time, 
by  and  with  the  consent  of  the  ^ity  council,  upon  the  recom- 
mendation of  the  committee  on  fire  and  water;  and  they 
shall  hold  their  respective  positions  during  the  pleasure  of 
the  mayor  and  city  council:  Provided,  that  if  the  mayor 
shall  decline  to  appoint  any  person  so  recommended  by  the 
committee  on  fire  and  water,  they  shall  recommend  some 
other  suitable  person  in  his  place. 

207.  Each  member  of  the  fire  department,  when  on  duty, 
shall  wear  an  appropriate  badge,  to  be  furnished  him  by  the 
city;  and  if  he  shall  destroy  or  lose  it,  he  shall  be  at  the 
expense  of  replacing  the  same.  Whenever  any  member  of 
the  said  department  shall  cease  to  be  connected  therewith, 
he  shall  immediately  deliver  his  badge  and  any  other  effects 
in  his  possession  belonging  to  the  city,  into  the  hands  of  the 
fire  marshal. 

208.  The  several  members  of  the  fire  department  shall 
be  on  duty  at  all  such  hours  of  the  day  or  night  as  shall 


202 


GENERAL  ORDINANCES  OF 


be  prescribed  by  the  rules  and  regulations  of  said  depart- 
ment, except  when  otherwise  ordered  by  the  fire  marshal. 
In  addition  to  their  general  duties,  it  shall  be  the  special 
duty  of  the  engineers,  firemen,  hosemen  and  drivers,  to  keep 
their  engines,  horses  and  fire  apparatus  from  injury  as  much 
as  possible,  to  expose  them  to  no  unnecessary  hazards,  and 
to  work  the  same  with  skill  and  judgment. 

209.  No  fire  engine,  hose  cart,  or  hook  and  ladder  truck, 
shall  be  driven  to  a fire  or  alarm  of  fire  in  a manner  cal- 
culated to  endanger  the  safety  of  persons  or  property  in  the 
streets  or  avenues  of  the  city;  nor  shall  any  such  engine, 
cart  or  carriage  be  drawn  faster  than  a slow  trot  on  its  re- 
turn from  any  fire  or  alarm  of  fire,  under  a penalty,  in  either 
case,  of  not  less  than  three  dollars  nor  more  than  fifty  dol- 
lars, to  be  paid  by  the  person  or  persons  committing  the 
offense. 

210.  No  fire  engine,  hose  cart  or  hook  and  ladder  truck 
shall  be  run  or  driven  upon,  across  or  along  any  sidewalk  within 
the  city,  except  in  case  of  strict  necessity ; and  any  member 
of  the  fire  department,  or  other  person,  violating  this  sec- 
tion, shall  be  subject  to  a penalty  of  not  exceeding  five  dol- 
lars for  every  such  offense. 

211.  No  person  shall,  without  obtaining  the  consent  of 
the  city  council,  or  of  the  fire'  and  water  committee,  use  any 
hose  or  other  fire  apparatus  belonging  to  the  city,  for  any 
private  purposes  whatever,  under  a penalty  of  not  less  than 
three  dollars  nor  more  than  twenty-five  dollars  for  each 
offense. 

212.  No  person  shall  be  permitted  to  remove  or  take 
away  any  property  in  the  possession  of  the  fire  department, 
saved  from  any  fire,  until  proof  of  the  ownership  thereof 
shall  have  been  made  to  the  satisfaction  of  the  fire  marshal. 

213.  The  mayor,  any  alderman,  or  the  fire  marshal,  may, 
and  the  superintendent  of  police  and  all  policemen  shall, 
during  the  progress  of  any  fire,  arrest  any  person  found 
stealing  or  trespassing  upon  any  property,  or  willfully  in- 
juring or  breaking  any  engine  or  other  fire  apparatus;  or 
any  person  resisting  or  obstructing  any  member  of  the  fire 
department  in  the  discharge  of  his  duty,  or  otherwise  con- 
ducting himself  in  a riotous  or  disorderly  manner ; and  shall, 
if  necessary,  detain  the  offender  in  custody  over  night  or 
Sunday,  until  he  can  be  brought  before  the  proper  magis- 
trate or  tribunal,  and  dealt  with  according  to  law. 

214.  Any  person  who  shall  willfully  resist,  obstruct  or 
hinder  any  member  of  the  fire  department  in  the  perform- 


THE  CITY  OF  SPRINGFIELD. 


203 


ance  of  his  duty  at  a tire,  or  shall  willfully  or  maliciously 
injure,  break  or  deface  any  engine,  hose,  horse,  carriage  or 
fire  apparatus  belonging  to  the  city,  shall,  on  conviction,  in 
either  case,  be  fined  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars. 

215.  The  committee  on  fire  and  water  shall  have  and  exer- 
cise a general  supervision  over  the  fire  department  and  prop- 
erty, and  shall,  in  concurrence  with  the  fire  marshal,  make  and 
establish  rules  and  regulations  for  the  government  thereof, 
not  inconsistent  with  the  provisions  of  this  ordinance ; and  it 
shall  be  the  duty  of  said  committee  to  see  that  the  organi- 
zation of  said  department  is  efficiently  preserved,  its  records 
properly  kept,  and  its  rules  and  regulations  duly  observed 
by  the  members  thereof. 

216.  Said  committee  may  remove  any  member  of  the  fire 
department,  except  the  fire  marshal,  for  any  cause  that  they 
may  deem  sufficient,  but  shall  report  such  removal  to  the 
city  council. 


204 


GENERAL  ORDINANCES  OF 


CHAPTER  VIII. 


THE  HEALTH  DEPARTMENT. 

Article  I.  The  Board  of  Health. 

II.  Special  Provisions  Eelating  to  Health. 

III.  The  Health  Inspector. 

Article  I. 

THE  BOARD  OF  HEALTH. 

Sec.  217.  There  is  hereby  established  a department  of  the 
municipal  government  of  the  city  of  Springfield,  which  shall 
be  known  as  the  ‘‘Health  Department,”  and  shall  embrace  the 
mayor,  city  clerk,  superintendent  of  police,  and  one  suitable 
person,  as  nearly  as  may  be,  from  each  ward  of  the  city. 

218.  It  shall  be  the  duty  of  the  mayor  to  appoint,  by 
and  with  the  advice  and  consent  of  the  city  council,  on  the 
first  Mondliy  in  May,  1884,  or  as  soon  thereafter  as  may 
be,  and  annually  thereafter,  seven  suitable  and  competent 
persons,  one  from  each  ward  if  practicable,  who  shall  con- 
stitute and  be  known  as  the  Board  of  Health  of  said  city, 
and  shall  hold  their  respective  positions  for  the  term  of  one 
year,  and  until  their  successors  shall  be  appointed  and 
qualified. 

219.  The  members  of  said  board  shall,  before  entering 
upon  their  official  duties,  severally  take  the  oath  prescribed 
by  law  for  city  officers,  and  shall  each  give  bond  to  the 
corporation  in  the  penal  sum  of  one  hundred  dollars,  with 
sureties  to  be  approved  by  the  city  council,  conditioned  for 
the  faithful  performance  of  the  duties  of  their  office. 

220.  The  mayor  shall  be  president  of  the  board  of 
health,  and  in  case  of  his  temporary  absence  or  inability  to 
serve,  the  board  may  choose  one  of  their  number  to  preside 
at  any  meeting  thereof.  The  city  clerk  shall  be  clerk  of 
said  board,  and  shall  keep  minutes  of  their  proceedings  in  a 
suitable  book  to  be  provided  by  the  city  for  that  purpose. 

221.  The  board  of  health  shall  hold  monthly  meetings 
in  the  city  council  chamber,  at  such  time  as  they  may  by 
vote  determine.  Special  meetings  may  be  called  by  the 
mayor  or  any  two  members  of  the  board;  and  the  superin- 


THE  CITY  OF  SPRINGFIELD. 


205 


tendent  of  police  shall,  when  required,  give  notice  of  such 
meetings  to  each  member  of  the  board.  A majority  of  the 
members  of  the  board  shall  constitute  a quorum  for  the 
transaction  of  business.  They  may  make  and  determine 
the  rules  of  their  own  proceedings,  and  such  other  rules 
and  regulations  as  may  be  necessary  for  the  execution  of 
their  powers  and  duties. 

222.  Said  board  shall  exercise  a general  supervision  over 
the  public  health  of  the  city,  and  shall  make  diligent  exam- 
ination into  all  matters  affecting  the  same.  They  shall 
cause  all  nuisances  to  be  abated  or  removed,  which  they 
may  deem  prejudicial  or  obnoxious  to  the  public  health  or 
comfort,  and  may  make  such  sanitary  regulations^  as  they 
may  think  necessary  or  expedient  to  prevent  the  introduc- 
tion or  spreading  of  any  contagious,  malignant,  infectious  or 
pestilential  disease. 

223.  The  orders  of  the  board  of  health  shall  be  duly 
certified  by  the  city  clerk,  and  the  mayor  shall  cause  the 
same  to  be  executed  by  the  police  superintendent,  or  any 
police  officer,  or  by  the  health  inspector. 

224.  All  orders  and  sanitary  regulations  of  the  board  of 
health  shall  be  obeyed  by  all  persons  in  the  city;  and  any 
member  of  said  board  may  order  the  abatement  of  any 
nuisance,  contrary  to  any  city  ordinance,  which  may  be 
prejudicial  to  the  public  health.  Whoever  shall  neglect  or 
refuse  to  obey  any  order  of  the  board,  or  of  any  member 
thereof,  as  herein  required,  shall,  for  every  such  offense,  be 
subject  to  a penalty  of  not  less  than  three  dollars  nor  more 
than  twenty-five  dollars. 

225.  The  board  of  health  may,  when  the  sanitary  con- 
dition or  preservation  of  the  public  health  of  the  city  shall 
render  it  necessary,  establish  such  temporary  hospitals,  and 
provide  such  necessaries  therefor,  as  the  public  exigency 
may  require ; and  said  board  shall  be  authorized  to  employ 
such  nurses  and  assistants  for  such  hospital  or  hospitals  as 
may  be  deemed  necessary,  and  shall  see  that  all  persons  so 
employed  by  them  faithfully  perform  their  several  duties. 

226.  The  board  of  health  may  cause  any  person,  within 
the  city,  having  any  contagious,  infectious  or  pestilential 
disease,  to  be  removed  to  some  safe  and  proper  place  with- 
out the  corporate  limits,  where  danger  from  contagion  will 
be  avoided,  and  shall  provide  suitable  medical  and  other 
attendance  for  such  person,  at  his  own  expense  if  able  to 
pay  the  same,  and  if  not,  at  the  expense  of  the  city:  Pro- 
vided,  that  if  any  such  person,  being  a resident  of  the  city, 
shall  refuse  to  be  removed,  or  if  his  condition  be  such  that, 


206 


GENERAL  ORDINANCES  OF 


in  the  opinion  of  his  attending  physician,  removal  would  be 
attended  with  danger  to  his  life,  then  such  measures  shall 
be  taken  by  the  board  as  may  be  deemed  most  advisable  to 
prevent  the  spreading  of  the  pestilence. 

227.  Said  board  shall  cause  any  wearing  apparel  or 
bedding,  which  they  may  deem  infectious  or  likely  to  en- 
danger the  public  health  and  safety,  to  be  removed  beyond 
the  city  limits  and  destroyed. 

228.  All  bills  or  accounts  for  expenses  incurred  by  the  board 
of  health  shall  be  presented  to  the  mayor  or  presiding  officer 
of  the  board  for  his  approval,  and,  if  found  correct,  he  shal) 
certify  the  same  to  the  city  council  for  allowance.  The  city 
clerk,  as  clerk  of  said  board,  shall  keep  a record  of  all  dis- 
bursements made  on  account  of  the  health  department. 


Article  II. 

SPECIAL  PROVISIONS  RELATING  TO  HEALTH. 

229.  Every  practicing  physician  in  the  city  of  Spring- 
field,  who  shall  have  any  patient  therein  laboring  under  any 
contagious,  infectious  or  pestilential  disease,  shall  forthwith 
make  report  thereof,  in  writing,  to  the  city  clerk  or  presi- 
dent of  the  board  of  health,  stating  the  name  and  describ- 
ing the  locality  of  such  patient,  so  that  he  may  be  easily 
found ; and  for  any  neglect  or  failure  to  so  report,  such 
physician  shall  incur  a penalty  of  not  less  than  ten  dollars 
nor  more  than  fifty  dollars. 

230.  If  any  person  in  the  city  shall  have  the  small-pox, 
or  other  like  malignant  and  infectious  disease,  the  board  of 
health  may,  upon  information  thereof,  cause  notices  with 
the  words  “Small-Pox  Here,”  in  large  letters,  to  be  posted 
in  some  conspicuous  place  on  the  house  or  premises  occu- 
pied by  such  person,  and  it  shall  be  the  duty  of  the  oc- 
cupant or  occupants  of  such  house  to  keep  such  notices  so 
posted  as  long  as  directed  by  said  board,  under  a penalty 
of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

231.  Any  person  having  or  having  had  the  small-pox,  or 
other  like  malignant  and  infectious  disease,  who  shall  go 
about  in  any  street  or  public  place,  while  in  danger  of  giv- 
ing the  disease  to  others,  shall  be  subject  to  a penalty  of 
not  exceeding  twenty-five  dollars ; Provided,  that  this  sec- 
tion shall  not  apply  to  cases  where  such  person  shall  have 
consulted  and  obtained  from  some  respectable  physician  a 
written  certificate  stating  that  there  is  no  danger  of  his 
communicating  the  disease  to  others. 


THE  CITY  OF  SPRINGFIELD. 


207 


232.  Any  physician,  nurse  or  servant,  attending  or  being 
about  any  person  having  the  small-pox,  or  like  infectious  or 
contagious  disease,  who  shall  not  change  or  purify  his  wear- 
ing apparel  before  going  upon  any  street  or  into  any  public 
place,  or  shall  otherwise  so  conduct  himself  as  to  endanger 
the  spreading  of  the  disease,  shall,  for  each  and  every  such 
offense  be  liable,  to  a fine  of  not  less  than  five  dollars  nor 
more  than  fifty  dollars, 

233.  Whoever  shall  bring  into  said  city  any  person  hav- 
ing the  small-pox,  or  other  like  infectious  or  contagious  dis- 
ease, or  any  clothing,  bedding,  or  other  article  or  thing 
infected  with  small-pox,  or  other  infectious  or  contagious 
disease,  shall,  upon  conviction,  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars. 

234.  Any  person  who  shall  sell,  expose  or  offer  for  sale, 
within  the  city,  any  sick  or  diseased  animal,  poultry  or  fish ; 
or  the  flesh  of  any  diseased  animal,  fowl  or  fish ; or  any 
tainted  or  spoiled  meat,  or  unsound  and  unwholesome  pro- 
visions whatever,  to  be  used  or  eaten  for  human  food,  shall, 
upon  conviction,  be  fined  not  less  than  ten  dollars,  nor  more 
than  two  hundred  dollars  in  each  case;  and  the  superin- 
tendent of  police,  or  any  police  or  health  officer,  may  seize, 
take  and  destroy  any  such  meat,  food  or  drink,  so  exposed 
or  offered  for  sale. 

235.  Any  person  who  shall,  within  the  city,  sell,  expose 
or  offer  for  sale,  any  milk  adulterated  with  water,  chalk,  or 
other  substance,  or  milk  from  diseased  cows ; or  any  adul- 
terated and  unwholesome  bread,  butter,  lard,  cheese,  or  other 
provisions,  or  any  decayed 'and  unwholesome  vegetables,  for 
human  food,  shall,  upon  conviction,  be  fined  not  less  than 
ten  dollars  nor  more  than  two  hundred  dollars  for  each  and 
every  such  offense.  It  shall  be  the  duty  of  all  police  offi- 
cers, and  of  the  health  inspector,  to  strictly  enforce  the 
provisions  of  this  and  the  preceding  section ; and  for  that 
purpose  they  shall  have  power  and  authority  to  enter  all 
places  where  any  of  said  mentioiied  articles  of  food  or  drink 
may  be  sold  or  offered  for  sale,  and  to  take  samples  thereof, 
and  cause  the  same  to  be  analyzed  or  otherwise  satisfactorily 
tested. 

236.  Any  druggist,  pharmacist  or  other  person  who  shall, 
in  saM  city,  by  himself,  clerk  or  servant,  sell  or  deliver  any 
arsenic,  strychnine,  corrosive  sublimate,  prussic  acid,  or 
other  substance  or  liquid  commonly  recognized  as  a deadly 
poison,  without  having  the  name  of  the  drug,  and  the  word 
“poison,”  plainly  written  or  printed  upon  a label  attached 
to  the  bottle,  box,  or  package  containing  the  same;  or  who 
shall  deliver  any  of  said  poisons  to  any  person  under  the 


208 


GENERAL  ORDINANCES  OP 


age  of  fifteen  years,  or  to  any  person  without  satisfying 
himself  that  such  poison  is  to  be  used  for  a legitimate  pur- 
pose, shall,  in  each  and  every  case,  be  subject  to  a penalty 
of  not  less  than  five  dollars  nor  more  than  twenty-five  dol- 
lars: Provided,  that  nothing  in  this  section  contained  shall 
apply  to  the  sale  or  delivery  of  any  of  said  poisons  as  a 
medicine,  upon  the  prescription  of  any  reputable  physician. 


Article  III. 

THE  health  inspector. 

237.  The  mayor  is  hereby  authorized  to  appoint,  by  and 
with  the  consent  of  the  city  council,  some  suitable  person 
as  health  inspector  in  and  for  said  city,  who  shall  hold  his 
office  for  the  term  of  not  exceeding  one  year,  or  during  the 
pleasure  of  the  mayor  or  city  council. 

238.  ^ The  health  inspector  shall,  before  he  enters  upon 
the  duties  of  his  office,  give  bond  to  the  city  in  like  manner 
and  amount  as  a police  patrolman,  and  he  shall  receive  for 
his  services  the  same  salary  oi?  compensation  as  is  or  may 
be  allowed,  by  ordinance,  to  police  patrolmen. 

239.  It  shall  be  the  duty  of  the  health  inspector  to  carry 
into  effect  all  ordinances  and  orders  of  the  city  council,  and 
all  orders  of  the  board  of  health,  in  relation  to  the  sanitary 
condition  of  the  city.  He  shall,  upon  view,  or  when  com- 
plaint may  be  made  to  him,  make  a thorough  examination 
of  any  and  all  premises,  and  cause  all  nuisances  to  be  re- 
moved or  abated  with  reasonable  promptness. 

240.  Said  inspector  shall  be  authorized  and  allowed,  at 
all  times  of  the  day,  to  enter  into  any  grocery  store,  meat 
shop,  hotel,  boarding  house,  saloon,  factory,  stable,  or  other 
building  within  the  city,  and  to  examine  the  cellars,  vaults, 
sinks,  sewers  or  drains  belonging  thereto ; also  to  enter  all 
lots  or  premises,  and  to  cause  all  stagnant  pools  of  water 
to  be  drained  off,  and  all  ash  heaps  or  dirt  piles  to  be  re- 
moved ; and  he  shall  cause  all  privies,  vaults,  pig-sties,  sinks 
and  drains  to  be  cleansed  and  kept  in  an  inoffensive  condi- 
tion, and  all  dead  animals  and  other  unwholesome  things  to 
be  buried  or  removed  beyond  the  city  limits. 

241.  Whoever  shall  resist  or  obstruct  the  health  in- 
spector in  the  discharge  of  his  duties,  or  shall  neglect  or 
refuse  to  remove  or  abate  any  nuisance  from  premises  owned 
or  occupied  by  him,  after  being  notified  to  do  so  by  said 
inspector,  shall,  in  either  case,  be  subject  to  a fine  of  not 
less  than  three  dollars  nor  exceeding  twenty-five  dollars. 


THE  CITY  OF  SPRINGFIELD. 


209 


242.  The  health  inspector  shall  attend  all  meetings  of 
the  board  of  health,  and  give  them  such  information  as  he 
may  possess  in  regard  to  the  sanitary  condition  of  the  city. 
In  all  cases  when  he  may  be  in  doubt  concerning  the  exer- 
cise of  his  powers  and  duties,  he  shall  consult  the  mayor  or 
city  attorney,  and  be  governed  by  their  instructions. 

243.  It  shall  be  the  duty  of  the  several  members  of  the 
police  force  to  aid  and  assist  the  health  inspector,  from  time 
to  time,  in  enforcing  the  provisions  of  this  article. 

244.  In  case  of  there  being  no  health  inspector  appointed, 
or  of  his  being  retired  from  active  service  and  pay,  the 
duties  herein  required  of  him  shall  be  performed  by  any 
police  patrolman  of  the  city,  whom  the  mayor  may  desig- 
nate for  that  purpose. 


—14 


210 


GENERAL  ORDINANCES  OF 


CHAPTER  IX. 


CITY  SCALES— WEIGHTS  AND  MEASUKES. 

Article  I.  The  City  Weigher. 

II.  Inspector  of  Weights  and  Measures. 


Article  I. 

THE  CITY  WEIGHER. 

Sec.  245.  The  mayor  shall  appoint,  hy  and  with  the 
advice  and  consent  of  the  city  council,  on  the  first  Monday 
in  May,  1884,  or  as  soon  thereafter  as  may  be,  and  annually 
thereafter,  one  city  weigher  in  and  for  the  city  of  Spring- 
field,  who  shall  hold  his  office  for  the  term  of  one  year,  and 
until  his  successor  shall  be  appointed  and  qualified : Provided, 
that  the  mayor  may  appoint,  from  time  to  time,  with  the 
consent  of  the  city  council,  such  additional  number  of  city 
weighers  as  he  may  think  proper  and  necessary,  and  may 
remove  them  at  his  pleasure. 

246.  The  city  weigher,  before  entering  upon  the  duties 
of  his  office,  shall  take  the  oath  prescribed  by  law  for  city 
officers,  and  shall  execute  a bond  to  the  corporation  in  the 
penal  sum  of  one  thousand  dollars,  with  such  sureties  as 
shall  be  approved  by  the  city  council,  conditioned  for  the 
faithful  performance  of  the  duties  of  the  office,  and  the  pay- 
ment of  ail  moneys  received  by  him,  according  to  law  and 
the  ordinances  of  said  city. 

247.  Said  weigher  shall  attend  at  the  city  scales  at  all 
reasonable  hours  of  the  day  (Sundays  and  legal  holidays  ex- 
cepted), for  the  purpose  of  weighing  any  load  of  grain,  hay, 
stone  coal,  or  other  article  of  merchandise,  which  may  be 
brought  to  be  weighed.  He  shall  keep  an  appropriate  book, 
in  which  he  shall  enter  the  kind  and  weight  of  each  load 
or  part  of  load,  the  name  of  the  person  or  firm  for  whom, 
and  the  date  when,  weighed,  and  shall  give  a certificate 
thereof  to  the  person  applying  for  the  weighing  of  such  load 
or  part  of  load,  which  certificate  shall  be  delivered  to  the 
puschaser  on  sale  or  delivery  of  the  load. 


THE  CITY  OF  SPRINGFIELD. 


211 


248.  When  the  vehicle  and  load  shall  be  weighed  to- 
gether, the  weigher’s  certificate  shall  state  the  gross  weight 
thereof ; and  upon  sale  or  delivery  of  the  load,  the  vehicle 
shall  be  separately  weighed,  and  the  net  weight  of  the  load 
thus  ascertained;  and  the  city  weigher  shall  compute  and 
enter  upon  the  certificate  the  quantity  of  bushels  or  tons,  or 
parts  thereof,  in  the  load,  if  the  same  be  sold  or  delivered 
by  the  bushel  or  ton : Provided,  that  if  the  vehicle  shall 
have  been  before  weighed,  and  the  weight  thereof  ascertained, 
it  shall  not  be  necessary  to  re-weigh  the  same,  unless  re- 
quired by  the  purchaser  of  the  load,  and  no  charge  shall  be 
made  for  weighing  the  vehicle  in  order  to  ascertain  the  net 
weight  of  the  load.  Whoever  shall  neglect  or  refuse  to  have 
his  vehicle  re-weighed  after  sale  and  delivery  of  the  load 
thereof,  when  required  by  the  purchaser,  shall  be  subject  to 
a penalty  of  five  dollars  for  every  such  offense. 

249.  In  weighing  hay,  a deduction  of  one  hundred  pounds 
shall  be  made  for  the  pole  fastening  the  load,  until  it  shall 
be  returned  and  weighed ; and  in  weighing  stone  coal  -a  suit- 
able deduction  shall  be  made  for  slate,  coal  dust  and  other 
impurities,  and  in  all  cases  due  allowance  shall  be  made  for 
mud,  water,  or  other  substances  not  belonging  to  the  load. 
The  weight  or  quantity  of  all  articles  shall  be  computed  in 
accordance  with  the  laws  of  this  State  in  relation  to  weights 
and  measures.* 

250.  The  city  weigher  shall  test  the  accuracy  of  his 
scales  monthly,  or  oftener  if  he  has  reason  to  think  them 
inaccurate.  He  shall  keep  them  in  good  order,  and  cause 
the  same  to  be  repaired  when  needed ; but  no  expense  shall 
be  incurred  therefor  exceeding  five  dollars,  without  the  con- 
sent of  the  mayor  or  comptroller. 

* Sec.  5.  “The  hundted  weight  shall  consist  of  one  hundred  pounds,  and 
twenty  such  hundred  weights  shall  constitute  a ton. 

See.  6.  "Contracts  hereafter  to  be  executed,  made  within  this  State,  for  work 
to  be  done,  or  for  anything  to  be  sold  or  delivered,  done  or  agreed  for,  by 
weight  or  measure,  shall  be  taken  and  construed  to  be  made  according  to  the 
standard  weight  and  measure  thus  ascertained. 

Sec.  7.  "Whenever  any  of  the  following  articles  shall  be  contracted  for,  or 
sold  or  delivered,  and  no  special  contract  or  agreement  shall  be  made  to  the 
contrary,  the  weight  per  bushel  shall  be  as  follows,  to-wit : 


AETICLE. 


POUNDS. 


AETICLE. 


POUNDS 


Stone  coal 80 

Unslacked  lime 80 

Corn  in  ear 70 

Wheat 60 

Irish  potatoes 60 

White  beans 60 

Clover  seed 60 

Onions 57 

Shelled  corn .56 

Rye 56 

Flax  seed 56 

Sweet  potatoes 55 

Turnips 55 

Fine  salt 55 


LSee  chap.  147,  Rev. 


Buckwheat 52 

Coarse  salt 50 

Barley 48 

Corn  meal 48 

Castor  beans 46 

Timothy  seed 45 

Hemp  seed 44 

Malt 38 

Dried  peaches ,,.33 

Oats 32 

Dried  apples 24 

Beans 20 

Blue  grass  seed 14 

Hair  (plastering) 8 


:.  111.  (Hurd),  1883.1 


212 


GENERAL  ORDINANCES  OF 


251.  The  city  comptroller  shall  procure  the  necessary 
book  or  books  and  printed  blank  certificates  for  the  use  of 
the  weigher,  and  shall  number  the  certificates  and  deliver 
them  to  him,  taking  his  receipt  therefor,  and  charging  him 
at  the  rate  of  not  exceeding  ten  cents  for  each  blank  certi- 
ficate, and  crediting  him  from  time  to  time  with  the  treasurer’s 
receipts  filed  by  him,  and  other  proper  credits. 

252.  It  shall  be  the  duty  of  the  city  weigher,  on  the  first 
Monday  in  each  month,  to  report  to  the  city  council,  in 
writing,  the  number  of  certificates  issued  by  him,  and  the 
amount  of  money  received  for  weighing  during  the  preceding 
month,  and  he  shall  at  the  same  time  pay  such  amount  into 
the  city  treasury. 

253.  In  case  of  the  temporary  absence  or  disability  of 
the  city  weigher,  he  may,  at  his  own  expense,  appoint  a 
deputy,  who,  during  such  absence  or  disability,  shall  perform 
the  duties  of  city  weigher;  but  the  said  weigher  and  his 
sureties  shall  be  responsible  for  the  acts  of  such  deputy. 

254.  Any  city  weigher,  who  shall  neglect  or  refuse  to 
weigh  any  load  of  grain,  hay,  stone  coal,  or  other  article  of 
merchandise  presented  to  be  weighed,  upon  request  and 
tender  of  the  lawful  fees;  or  who  shall  knowingly  give  any 
false  or  fraudulent  certificate  of  weight  to  any  person,  shall, 
upon  conviction,  be  fined  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars  in  each  case,  and  shall  also  be 
subject  to  removal  from  office. 

255.  No  person  shall  be  appointed  to,  or  be  competent  . 
to  hold,  the  office  of  city  weigher,  who  shall  at  the  time 
thereof  be  directly  or  indirectly  engaged  in  the  business  of 
buying,  selling  or  “delivering  hay  or  stone  coal. 

256.  No  person  shall  alter  any  certificate  of  any  city 
weigher,  or  use  or  attempt  to  use  the  same  for  any  other 
load  or  parcel  than  the  one  for  which  it  was  given;  nor 
shall,  after  the  weighing  and  before  the  sale  and  delivery  of 
any  load  or  parcel,  lessen  or  diminish  the  quantity  thereof, 
under  a penalty,  in  each  case,  of  not  less  than  ten  dollars, 
nor  more  than  one  hundred  dollars.  It  shall  be  the  duty 
of  the  city  weigher  to  use  due  diligence  in  detecting  any  such 
fraud  or  deceit,  and  to  prosecute  all  persons  guilty  of  the 
same. 


Article  II. 

INSPECTOR  OF  WEIGHTS  AND  MEASURES. 

257.  There  shall  be  annually  appointed  by  the  mayor, 
by  and  with  the  advice  and  consent  of  the  city  council,  at 


THE  CITY  OF  SPRINGFIELD. 


213 


the  time  of  appointing  other  city  officers,  one  inspector  of 
weights  and  measures  in  and  for  the  city  of  Springfield,  who 
shall  hold  his  office  for  the  term  of  one  year,  and  until  his 
successor  shall  be  appointed  and  qualified. 

258.  Said  inspector  shall,  before  entering  upon  the  duties 
of  his  office,  take  the  oath  required  by  law  of  city  officers, 
and  shall  give  bond  to  the  corporation  in  the  penal  sum  of 
one  thousand  dollars,  with  sureties  to  be  approved  by  the 
city  council,  conditioned  for  the  faithful  performance  of  the 
duties  of  the  office. 

259.  The  city  comptroller  shall  procure,  at  the  expense 
of  the  city,  correct  and  approved  standards  of  weights  and 
measures,  comprising  a full  set  thereof,  of  the  standard 
adopted  by  the  Statutes  of  the  State  of  Illinois ; and  he  shall 
cause  each  of  the  weights,  measures,  scales  and  beams  so 
procured  to  be  tested  and  sealed  by  the  county  or  State 
Sealer,  and  the  same  shall  be  used  by  said  inspector  of 
weights  and  measures  for  testing  the  weights  and  measures 
of  said  city. 

260.  It  shall  be  the  duty  of  the  inspector  of  weights  and 
measures,  once  in  each  year,  between  the  first  day  of  June 
and  the  first  day  of  November,  to  inspect,  where  situate,  and 
test  the  accuracy  of  all  weights,  measures,  balances,  scales, 
beams  and  other  instruments  used  for  weighing  or  meas- 
uring any  article  for  sale  within  said  city,  and  to  stamp 
with  a suitable  stamp  or  seal  all  weights,  measures,  scales, 
beams,  balances  or  other  instruments  found  to  be  correct, 
and  to  deliver  to  the  owners  thereof  certificates  of  their  ac- 
curacy. The  stamp  used  by  him  shall  be  provided  by  the 
city,  and  it  shall  indicate  the  date  of  inspection,  and  that 
the  weight  or  measure  on  which  it  is  placed  is  correct. 

261.  It  shall  also  be  the  duty  of  said  inspector,  when- 
ever complaint  is  made  to  him  by  any  person  interested,  or 
whenever  he  shall  have  reason  to  believe  that  any  weight, 
measure,  scale,  beam,  balance  or  other  instrument  used  for 
weighing  or  measuring  in  said  city  is  incorrect,  or  whenever 
thereto  requested  by  the  owner  or  person  using  any  such 
weight  or  measure,  to  inspect  and  Ust  * the  same,  without 
regard  to  the  date  of  any  previous  inspection  : Provided,  ^ 
that  said  inspector  shall  not  be  entitled  to  charge  for  any 
but  the  regular  yearly  inspections,  except  in.  cases  where 

- requested  to  inspect  by  the  owner  or  user,  or  when  the 
weight,  measure,  scale,  beam,  balance  or  other  instrument 
inspected  is  found  to  be  inaccurate,  when  he  may  charge  the 
regular  fees,  as  elsewhere  in  this  ordinance  prescribed : And 
provided  further,  that  he  shall,  on  request,  inspect  all  city 
scales  free  of  charge. 


214 


GENERAL  ORDINANCES  OF 


262.  If  the  inspector  of  weights  and  measures  shalh 
upon  examination,  find  any  weight,  measure,  balance,  scale* 
beam,  or  other  instrument  used  in  weighing  or  measuring, 
to  be  incorrect  or  untrue,  he  shall  condemn  the  same,  and 
forthwith  notify  the  owner  or  user  thereof  of  such  condem- 
nation, and  the  use  of  any  weight,  measure,  balance,  scale, 
beam  or  other  instrument  so  condemned  is  hereby  prohib- 
ited, until  the  same  shall  have  been  corrected  and  sealed 
by  said  inspector,  under  a penalty  to  the  offender  of  not 
less  than  ten  dollars  nor  more  than  fifty  dollars  for  each 
offense. 

263.  Said  inspector  shall  keep  in  a book,  to  be  .provided 
by  the  city  for  that  purpose,  a regular  register  of  all  weights, 
measures,  balances,  scales,  beams  or  other  instruments  used 
for  weighing  or  measuring,  inspected  and  tested  by  him,  in 
which  he  shall  set  forth  the  names  of  the  owners  of  the 
same,  respectively,  and  whether,  on  inspection,  they  were 
found  to  conform  to  the  State  standard  or  not ; and  he  shall, 
within  ten  days  after  the  completion  of  each  annual  inspec- 
tion, make  out  and  submit  a copy  of  such  register  to  the 
city  council,  which  copy  shall  be  filed  and  preserved  in  the 
office  of  the  city  comptroller. 

264.  From  and  after  the  first  day  of  November,  1884,  no 
person  shall,  within  said  city,  use  for  weighing  or  measuring 
articles  for  sale,  any  weight,  measure,  scale,  beam,  balance 
or  other  instrument,  unless  the  same  shall  have  been  in- 
spected, tested  and  stamped  by  the  city  inspector  of  weights 
and  measures,  under  a penalty  of  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars  for  each  offense. 

265.  Said  inspector  shall,  during  ordinary  business  hours, 
have  access  to  all  buildings,  rooms  or  places  within  the  city, 
where  any  weights,  measures,  balances,  scales  or  beams,  used 
for  weighing  or  measuring,  are  kept ; and  any  person  refusing, 
upon  demand,  to  exhibit  to  the  inspector,  for  inspection,  any 
and  all  weights,  measures,  scales,  beams,  balances  or  other 
instruments  used  or  owned  by  him,  or  who  shall  in  any  man- 
ner hinder,  obstruct  or  delay  said  inspector  in  the  perform- 
ance of  any  of  his  duties,  as  prescribed  in  this  article,  shall, 
upon  conviction,  be  fined  not  less  than  ten  dollars  nor  more 
than  fifty  dollars  for  each  offense. 

266.  It  shall  be  the  duty  of  said  inspector  to  keep  an 
office  within  the  city,  and  to  designate  thereat,  by  card  or^ 
otherwise,  the  hour  or  hours  of  each  day  when  he  may  be 
found  in  his  office.  Upon  the  expiration  of  his  term  of 
office,  or  his  resignation  thereof  or  removal  therefrom,  he 
shall  forthwith  deliver  to  his  successor  in  office,  or  to  the 
city  comptroller,  his  book  of  registry,  together  with  all  stand- 


THE  CITY  OF  SPRINGFIELD. 


215 


ard  beams,  weights  and  measures  in  his  possession,  belong- 
ing to  said  city. 

267.  Whoever  shall  use  in  weighing  or  measuring  any 
article  for  sale,  within  said  city,  any  weight,  measure,  scale, 
beam,  balance  or  other  instrument,  which  does  not  conform 
to  the  standard  adopted  and  prescribed  by  the  Statutes  of 
the  State  of  Illinois ; or  whoever  shall  give  a less  quantity 
of  any  article  or  thing  sold  than  is  contracted  or  paid  for 
by  the  purchaser,  computing  by  the  standard  and  mode  of 
weighing  or  measuring  prescribed  in  the  statutes  aforesaid, 
for  the  article  so  sold,  shall  be  subject  to  a fine  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 


216 


GENERAL  ORDINANCES  OP 


CHAPTER  X. 

CEMETERIES  AND  INTERMENTS. 

Article  I.  Cemeteries,  interments  and  burial  permits. 
II.  Oak  Ridge  Cemetery. 


Article  L 

CEMETERIES,  INTERMENTS  AND  BURIAL  PERMITS. 

Sec.  268.  No  cemetery  or  burying  ground  shall  hereafter 
be  established  within  the  corporate  limits  of  the  city  of 
Springfield,  or  within  one  mile  thereof ; nor  shall  any  ceme- 
tery or  burying  ground  heretofore  established  within  said 
city  be  extended  or  enlarged,  or  used  for  burial  purposes, 
under  a penalty,  in  each  and  every  case,  of  not  less  than 
one  hundred  dollars,  nor  more  than  two  hundred  dollars ; 
and  any  cemetery  so  established,  extended  or  enlarged,  is 
hereby  declared  a nuisance. 

269.  It  shall  be  unlawful  to  make  any  interment  or  bury 
the  dead  body  of  any  person  in  the  cemetery  known  as 
“Hutchinson’s  Cemetery,”  or  in  the  “Old  City  Graveyard,” 
or  in  any  other  place  within  said  city;  and  whoever  shall 
violate  any  provision  of  this  section  shall,  upon  conviction, 
be  fined  not  less  than  twenty-five  dollars,  nor  more  than 
two  hundred  dollars  for  each  offense. 

270.  Whoever  shall  hunt,  discharge  fire-arms,  set  off  or 
explode  fire-works,  or  otherwise  trespass  upon  any  cemetery 
or  burying  grounds  within  the  city  of  Springfield,  or  within 
or  under  the  jurisdiction  of  the  city  council  of  said  city, 
shall  be  subject  to  a fine  of  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars  for  each  and  every  offense. 

271.  Whoever  shall  remove  or  carry  away,  or  shall  will- 
fully, maliciously  or  negligently  break,  deface,  destroy,  or 
otherwise  injure  any  monument,  tombstone,  tree,  shrub, 
plant,  vase,  railing,  fence,  gate,  or  any  other  property,  arti- 
cle or  thing  belonging  to,  or  placed  or  erected  in,  the  ceme- 
tery known  as  Oak  Kidge  Cemetery,  or  belonging  to  or  placed 
or  erected  in  any  cemetery  or  burying  ground  within  said 
city,  or  within  the  jurisdiction  of  the  city  council  thereof; 


THE  CITY  OF  SPRINGFIELD. 


217 


or  whoever  shall  pluck  any  flowers  therein,  or  trespass  upon 
or  maltreat  any  grave  therein,  or  violate  any  of  the  estab- 
lished rules  and  regulations  for  the  government  of  any  such 
cemetery,  shall  be  subject  to  a fine  of  not  less  than  five 
dollars  nor  exceeding  one  hundred  dollars  for  each  and  every 
offense ; and  shall  also  be  liable,  in  a separate  suit,  for  the 
cost  and  expense  of  repairing  any  injury  or  damage  so  done 
or  committed. 

272.  The  board  of  managers  of  Oak  Eidge  Cemetery  shall 
have  the  charge,  management  and  control  of  Hutchinson’s 
cemetery,  and  of  the  old  city  graveyard,  and  it  shall  be  the 
duty  of  said  board  to  see  that  the  grounds  belonging  to  the 
same  are  properly  cared  for  and  protected. 

273.  The  sexton  or  other  person  in  charge  or  control  of 
any  cemetery,  now  or  hereafter  to  be  established  and  main- 
tained, within  or  under  the  jurisdiction  of  the  city  council 
of  said  city,  shall,  on  or  before  the  first  Monday  in  each 
month,  make  out  and  furnish  to  the  city  clerk  a statement, 
in  writing,  showing  the  number  of  interments  made  in  such 
cemetery  during  the  preceding  month,  with  the  name,  sex 
and  color  of  each  person  so  interred,  the  date  of  the  death, 
the  disease  or  cause  of  death,  and,  when  practicable,  and 
can  be  ascertained,  the  age,  occupation,  nativity  and  resi- 
dence of  the  deceased;  and  any  sexton  or  other  such  per- 
son neglecting  or  refusing  to  comply  with  the  requirements 
of  this  section,  shall  incur  a penalty  of  ten  dollars  for  every 
such  neglect  or  refusal. 

274.  No  burial  or  interment  of  any  person  shall  take 
place  in  and  from  the  city  of  Springfield,  nor  shall  the  dead 
body  of  any  person  be  removed  from  said  city,  without  a 
permit  for  such  burial  or  removal  shall  have  been  first  pro- 
cured from  the  city  clerk,  in  the  manner  hereinafter  pro- 
vided. 

275.  Any  person  applying  for  a burial  permit  shall  file 
with  the  city  clerk  of  said  city  a certificate,  in  writing, 
signed  by  the  attending  physician,  or  coroner  in  the  case, 
stating  the  name,  age,  sex,  nativity,  residence,  and  occupa- 
tion of  the  deceased,  if  known,  and  the  cause  or  manner  of 
the  death;  and  in  case  of  any  death  where  there  has  been 
no  attending  physician  or  coroner,  the  certificate  shall  be 
signed  by  the  parent  of  the  deceased;  or,  if  none,  by  some 
member  of  the  family  not  a minor ; or,  if  none,  by  the  resi- 
dent householder  where  the  death  shall  occur;  or,  if  none, 
by  any  reputable  citizen  acquainted  with  the  facts  and  cir- 
cumstances of  the  death.  Upon  the  filing  of  such  certificate, 
the  clerk  shall  issue  a burial  certificate  to  the  applicant 
therefor,  but  under  no  other  circumstances  whatever. 


218 


GENERAL  ORDINANCES  OF 


276.  It  shall  be  the  duty  of  the  city  clerk  to  enter  in  a 
suitable  book,  to  be  kept  in  his  office  for  that  purpose,  a 
record  of  all  permits  so  issued,  specifying  the  date  of  issue, 
and  to  whom  issued,  together  with  all  the  items  of  informa- 
tion contained  in  the  certificates  upon  which  such  permits 
were  issued.  He  shall,  on  the  first  Monday  in  each  month, 
submit  to  the  city  council  a report,  in  writing,  stating  the 
number  of  burial  permits  issued,  the  number  of  interments 
in  each  cemetery,  with  the  cause  of  death,  and  such  other 
facts  as  may  be  of  public  interest  or  benefit ; and  he  shall, 
at  the  same  time,  forward  to  the  county  clerk  of  Sangamon 
county  a copy  or  transcript  of  all  said  certificates  received 
by  him  during  the  preceding  month. 

277.  Any  undertaker,  sexton  or  other  person,  engaged  or 
concerned  in  any  burial  or  interment  in  violation  of  the 
provisions  of  this  article ; or  who  shall  forge  the  name  of 
any  physician,  coroner  or  clerk  to  a certificate  of  death  or 
a burial  permit,  and  the  officers  or  employes  of  any  trans- 
portation company,  or  any  other  person  or  persons  engaged 
in  the  removal  of  any  dead  body  from  said  city,  contrary 

, to  the  provisions  hereof,  shall,  on  conviction,  be  fined  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars 
for  each  offense. 


Article  II. 

OAK  RIDGE  CEMETERY. 

278.  Lots  numbered  five  (5),  six  (6),  seven  (7),  and  the 
south  half  of  lot  four  (4),  in  the  sub-division  of  the  east  half 
of  the  northeast  quarter  of  section  twenty-one  (21),  containing 
forty  acres ; also  a tract  of  twenty-seven  acres  and  fifty-nine 
hundredths  of  an  acre,  in  the  the  northeast  quarter  of  the 
southeast  quarter  of  section  twenty-one  (21) ; also  a tract  of 
seven  acres  in  the  southeast  part  of  the  west  half  of  the 
northeast  quarter  of  said  section  twenty-one ; also  a tract  of 
four  acres  and  eight  hundredths  of  an  acre,  being  a part  of 
the  west  half  of  the  east  half  of  the  southeast  quarter  of 
the  same  section — all  lying  and  being  in  township  sixteen 
(16)  north,  range  five  (5)  west  of  the  third  principal  merid- 
ian, in  the  county  of  Sangamon  and  State  of  Illinois,  con- 
taining in  all  seventy-eight  and  sixty-seven  hundredth  acres 
of  land,  more  or  less,  shall  be  and  are  hereby  dedicated  and 
forever  set  apart  for  the  burial  of  the  dead;  and  the  same, 
together  with  such  additions  as  may  hereafter,  from  time  to 
time,  be  made  thereto,  shall  constitute  and  be  known  as  the 
Oak  Eidge  Cemetery. 


THE  CITY  OF  SPRINGFIELD. 


219 


279.  The  plat  thereof  heretofore  made,  subdividing  the 
cemetery  grounds  into  divisions,  blocks,  squares  and  lots, 
designated  and  numbered  thereon,  having  been  approved  by 
the  city  council,  and  recorded  in  the  recorder’s  office  of  San- 
gamon county,  is  hereby  declared  to  be  the  lawful  plat  of 
said  Oak  Eidge  Cemetery,  and  the  same  shall  not  be  changed 
except  by  order  of  the  city  council. 

BOARD  OF  MANAGERS. 

280.  The  mayor  shall  appoint,  by  and  with  the  advice 
and  consent  of  the  city  council,  on  the  first  Monday  in  May, 
1884,  or  as  soon  thereafter  as*  may  be,  and  annually  there- 
after, five  suitable  persons,  who  shall  be  lot  owners  in  said 
cemetery,  and  residents  and  legal  voters  of  the  city  of 
Springfield,  who  shall  constitute  and  be  known  as  “The 
Board  of  Managers  of  Oak  Ridge  Cemetery.”  They  shall 
severally  hold  their  offices  for  the  term  of  one  year,  and 
until  their  successors  shall  be  appointed  and  qualified. 

281.  The  members  comprising  said  board,  before  enter- 
ing upon  their  official  duties,  shall  severally  take  the  oath 
prescribed  by  law  for  city  officers,  and  shall  each  execute  a 
bond  to  the  city  of  Springfield  in  the  penal  sum  of  five  hun- 
dred dollars,  with  sureties  to  be  approved  by  the  city  coun- 
cil, conditioned  for  the  faithful  performance  of  the  duties  of 
the  office. 

282.  A majority  of  the  board  of  managers  shall  consti- 
tute a quorum  for  the  transaction  of  business ; and  they 
shall  hold  general  or  special  meetings,  at  the  council  cham- 
ber, as  often  as  once  a month,  and  at  such  other  times  as 
they  may,  by  order,  direct.  They  may  make  and  establish 
such  by-laws,  rules  and  regulations  as  may  be  necessary  for 
their  own  government,  and  the  full  and  complete  execution 
of  their  powers  and  duties.  Said  board  may  appoint  one 
of  their  number  president,  and  another  secretary,  of  the 
board,  and  such  secretary  shall  keep  a faithful  record  of 
their  proceedings  in  a suitable  book  to  be  provided  by  the 
city  for  that  purpose,  and  he  shall  carefully  file  and  preserve 
all  papers,  vouchers  and  records  pertaining  to  the  transac- 
tions of  the  board. 

283.  The  board  of  managers  shall  have  the  control, 
charge  and  superintendence  of  said  cemetery  and  its  appur- 
tenances, and  shall  supervise  and  direct  the  ornamenting, 
adorning,  embellishing,  laying  out  and  improving  the  grounds 
thereof,  and  the  avenues,  walks  and  squares  therein,  and 
may  cause  to  be  erected  or  provided  all  such  buildings, 
vaults  or  other  fixtures  as  may  be  necessary  and  proper  for 
the  convenient  use  of  the  cemetery;  and  for  that  purpose 


220 


GENERAL  ORDINANCES  OF 


may  employ  such  laborers  or  workmen,  and  purchase  or 
contract  for  such  materials,  as  they  may  deem  necessary. 
But  no  member  of  the  board  shall  be  a contractor  for,  or 
interested  in,  any  contract  for  work  upon  said  cemetery,  or 
in  the  furnishing  of  labor  or  materials  therefor. 

284.  Said  board  of  managers  shall  appraise  the  squares 
and  lots  remaining  unsold  in  said  cemetery,  and  shall,  from 
time  to  time,  when  deemed  necessary  or  expedient,  re-ap- 
praise  such  as  may  remain  unsold;  but  no  square  shall  be 
appraised  by  them  at  less  than  fifty  dollars,  or  half  square 
at  less  than  twenty-five  dollars.  They  shall  cause  a list  of 
the  squares  and  lots  appraised  by  them,  with  the  amount  at 
which  each  square  or  lot  is  appraised  set  opposite  thereto, 
to  be  filed  in  the  office  of  the  city  clerk,  and  no  square,  half 
square  or  lot  shall  be  sold  for  less  than  the  appraisal  affixed 
thereon  by  said  board.  When  two  or  more  persons  shall 
apply  at  the  same  time  for  the  same  square,  half  square  or 
lot,  it  shall  be  put  up  by  the  city  clerk,  and  sold  to  the 
highest  responsible  bidder. 

285.  All  receipts  on  account  of  said  cemetery,  whether 
arising  from  the  sale  of  squares  of  lots  therein,  from  dona- 
tions, from  appropriations  from  the  city  treasury,  or  other- 
wise, shall  be  exclusively  expended  and  applied,  under  the 
direction  and  control  of  the  board  of  managers,  to  the  pre- 
serving, protecting,  extending,  laying  out,  improving  and 
ornamenting  the  grounds  of  the  cemetery:  Provided,  that 
the  board  shall  not  expend  the  moneys  belonging  to  the 
cemetery  fund  in  advance  of  the  receipts  thereof,  nor  incur 
any  debts  on  account  of  said  cemetery  without  the  prior 
consent  of  the  city  council. 

286.  The  city  clerk  shall  keep  an  accurate  plat  of  the 
cemetery  grounds,  and  also  a record  in  numerical  order  of 
the  blocks  or  squares  in  each  division,  with  separate  columns 
ruled  therein  for  the  entry  of  the  amount  of  appraisal,  the 
name  of  the  purchaser,  the  amount  sold  for,  and  the  date 
of  sale;  and  an  additional  column  shall  be  ruled  for  the 
entry  of  any  re-appraisal  which  may  be  made.  When  any 
block  or  square,  or  part  thereof  shall  be  sold,  the  clerk  shall 
make  an  entry  of  the  name  of  the  purchaser,  the  amount 
sold  for,  and  the  date  of  sale  opposite  the  number  of  the 
block  or  square  on  the  record,  and  shall  also  designate  the 
square  or  part  of  square  or  lot  sold  by  coloring  the  same  on 
the  plat. 

• 

287.  All  applications  for  the  purchase  of  cemetery  squares, 
lots,  or  graves,  shall  be  made  to  the  board  of  managers,  or 
the  sexton  at  the  cemetery.  Upon  the  purchase  of  any 


THE  CITY  OF  SPBINGFIELD. 


221 


square,  lot  or  grave,  the  person  purchasing  shall  report  to 
the  city  clerk,  who  shall  give  him  an  order  on  the  city 
treasurer  to  receive  the  amount  for  which  such  square  or 
part  of  square,  lot  or  grave  may  be  sold,  being  not  less  than 
the  appraised  value  thereof,  and  upon  payment  being  made, 
and  the  filing  of  the  treasurer’s  receipt  therefor  with  the 
clerk,  he  shall  make  the  proper  entry  of  the  sale  on  the 
record,  and  deliver  to  the  purchaser  a deed  for  the  ground 
so  sold,  signed  by  the  mayor,  and  countersigned  by  the 
clerk  under  the  corporate  seal. 

288.  The  city  clerk  and  treasurer  shall  each  keep  a 
cemetery  account,  in  which  all  moneys  received  or  paid  out 
on  account  of  said  cemetery  shall  be  charged  or  credited; 
and  they  shall  severally  report,  at  the  regular  monthly 
meetings  of  the  city  council,  a statement  in  brief  of  their 
receipts  and  expenditures. 

289.  The  cemetery  deed  shall  be  in  the  following  form, 
as  nearly  as  may  be : 


CAK  BIDGE  CEMETERY  DEED. 

The  City  of  Springfield,  in  consideration  of dollars,  paid  by 

, in  conformity  with  the  provisions  of  the  ordinances  of  the  city. 

establishing  Oak  Ridge  Cemetery,  hereby  sells  and  conveys  unto  the  said 

the  of  square  (or  lot)  numbered , in  division 

numbered in  Oak  Ridge  Cemetery,  as  platted  and  recorded  in  the  office  of 

the  recorder  of  deeds  of  Sangamon  county,  Illinois,  and  in  the  office  of  the  city 
cl©rlc  of  SQjid  city#  * 

To  have  and  to  hold  the  same,  with  its  appurtenances,  unto  the  said 

heirs  and  assigns  forever,  for  a place  of  burial,  and  for  no  other 

use  or  purpose  whatever.  Conditioned,  nevertheless,  that  no  transfer  or 
assignment  of  any  square  or  lot,  or  any  interest  therein,  shall  be  valid  until 
approved  by  tne  board  of  managers  of  Oak  Ridge  Cemetery,  and  subject  also 
to  such  general  rules  and  regulations  as  the  city  council  of  said  city,  and  the 
board  of  managers  of  said  cemetery,  may  from  time  to  time  establish;  and  the 

city  of  Springfield  hereby  covenants  with  the  said heirs 

and  assigns,  that  Oak  Ridge  Cemetery,  as  platted  and  recorded  aforesaid,  shall 
be  forever  kept  and  preserved  as  a place  of  burial  for  the  dead  of  said  city. 

In  testimony  w^reof,  I mayor  of  said  city  of  Spring- 

field,  have  hereunto  set  my  hand  and  caused  the  corporate  seal  of  said  city  to 

be  affixed,  this day  of A.D.  18.., 

Countersigned, 

Mayor. 

[seal!  City  Clerk. 

290.  The  board  of  managers  shall  set  apart  a portion  of 
the  cemetery  grounds  for  the  burial  of  the  poor,  another 
portion  for  the  burial  of  strangers  or  persons  not  belonging 
to  the  city,  another  portion  for  the  burial  of  the  inhabitants 
of  the  city  not  having  private  lots,  and  another  portion  for 
the  burial  of  colored  persons.  Said  board  may  regulate  and 
prescribe  the  manner  of  inclosing,  improving  and  adorning 
tlae  private  squares  or  lots  in  said  cemetery,  and  the  erec- 
tion thereon  of  monuments,  tombstones  or  other  fixtures, 
and  shall  prevent  and  prohibit  any  division,  improvement, 
adornment,  or  other  use  of  any  lot  or  other  part  of  the 
cemetery,  or  the  erection  or  placing  of  any  monument, 


222 


OENERAL  ORDINANCES  OF 


tombstone  or  other  fixture  therein,  which  they  may  deem 
unsightly  or  improper;  and  they  may  direct  and  cause  the 
removal  of  all  such  unsightly  and  improper  improvements, 
adornments,  inclosures,  monuments,  tombstones  and  other 
fixtures.  And  no  avenue,  walk  or  alley  in  said  cemetery 
shall  be  obstructed  or  closed  up,  except  that  the  owner  of 
any  square  therein  may  inclose  the  alley  of  such  square. 

THE  SEXTON. 

291.  The  said  board  may  appoint,  annually,  with  the 
approval  of  the  mayor,  a sexton  for  Oak  Eidge  Cemetery, 
who  shall  hold  his  office  for  the  term  of  one  year,  and  until 
his  successor  shall  be  appointed  and  qualified.  The  sexton 
shall,  before  assuming  the  duties  of  his  office,  take  the  oath 
prescribed  by  law  for  city  officers,  and  shall  give  bond  to 
the  city  of  Springfield  in  the  penal  sum  of  one  thousand 
dollars,  with  sureties  to  be  approved  by  the  city  council, 
conditioned  for  the  faithful  performance  of  the  duties  of  the 
office.  He  shall  receive  for  his  services  such  salary  or  com- 
pensation as  may  be  fixed  and  paid  by  the  board. 

292.  The  sexton  shall  have  charge  of  said  cemetery,  and 
shall  keep  and  preserve  the  grounds,  buildings  and  fences 
in  good  order  and  repair,  and  the  monuments,  tomb- 
stones, shrubbery,  and  every  other  thing  erected  or 
placed  in  the  cemetery  for  ornament  or  otherwise,  free  from 
injury  or  defacement,  and  the  walks  and  avenues  in  good 
condition  and  free  from  obstructions.  He  shall  enforce  the 
ordinances  of  the  city  in  relation  to  the  cemetery,  and  the 
rules  and  regulations  established  by  the  board  of  managers 
for  the  government  of  the  same,  and  shall  report  all  viola- 
tions thereof  to  the  board,  the  mayor,  or  any  police  officer, 
for  prosecution,  or  prosecute  the  offender  before  any  justice 
of  the  peace  or  other  competent  court.  He  shall  have  power 
to  arrest  and  may  arrest,  without  warrant,  all  persons  found 
hunting,  discharging  fire-arms,  or  otherwise  trespassing  upon 
the  cemetery  grounds,  and  take  them  before  the  proper  magis- 
trate or  court,  for  trial.  He  shall  be  subject  to  the  orders 
and  directions  of  the  board  of  managers  in  making  improve- 
ments in  said  cemetery,  and  shall,  when  required  by  them, 
supervise  the  workmen  or  laborers  employed  therein,  and 
the  improvements  ordered  by  the  board. 

293.  Said  sexton  shall  procure  from  the  city  clerk  and 
keep  a plat  of  the  cemetery,  and  also  a numerical  list  of 
all  the  blocks  or  squares,  with  the  lots  numbered  thereon; 
and  the  name  of  the  owner  shall  be  marked  opposite  to  each 
block  or  square,  or  part  thereof  sold.  The  sexton  shall  each 
month,  upon  making  his  monthly  return,  as  hereinafter 
required,  obtain  from  the  city  clerk  a list  of  the  squares  or 


THE  CITY  OF  SPRINGFIELD. 


223 


parts  of  squares  or  lots  sold  since  his  last  return,  and  shall 
enter  the  name  of  the  purchaser  or  owner  opposite  to  the 
proper  number  of  the  square  or  part  of  square  on  his  own 
list. 

294.  Any  person  desiring  to  make  any  interment  in  said 
cemetery,  shall  apply  to  the  city  clerk  therefor,  and  upon 
presenting  the  usual  certificate  of  death,  signed  by  the  attend- 
ing physician,  or  other  proper  person,  as  provided  by  ordi- 
nance, and  upon  payment  of  the  charges  required,  the  clerk 
shall  deliver  to  the  applicant  a burial  permit,  or  certificate 
to  the  sexton,  stating  to  whom  issued,  the  name  of  the 
deceased,  and  the  number  of  the  square  or  lot  in  which  he 
or  she  is  to  be  interred,  and  if  the  deceased  be  a pauper  or 
a stranger,  without  means,  and  no  person  be  chargeable 
with  or  liable  for  his  interment,  the  certificate  shall  state 
the  fact;  and  the  clerk  shall  make  entry  in  a suitable  book 
of  the  name  of  the  deceased,  the  date  of  death,  the  lot  in 
which  he  or  she  was  interred,  the  disease,  cause  or  manner 
of  death,  the  sex  and  color,  and,  whenever  practicable  and 
can  be  ascertained,  the  age,  occupation,  birthplace  and  resi- 
dence of  the  deceased. 

295.  The  sexton,  upon  receiving  the  clerk’s  certificate 
and  making  any  interment,  shall  enter  the  name  of  the 
deceased,  with  the  date  of  interment,  and  the  number  of  the 
square  or  lot  in  which  interred,  in  his  record  of  interments ; 
and  he  shall  make  no  interment  without  the  delivery  to  him 
of  the  clerk’s  certificate  therefor,  nor  in  any  other  lot  than 
that  named  therein,  under  a penalty  of  five  dollars  in  each 
case.  He  shall  also,  on  or  before  the  first  Monday  in  each 
and  every  month,  return  to  the  city  clerk  all  certificates 
issued  to  and  received  by  him  during  the  preceding  month, 
and  the  same  shall  be  filed  and  preserved  by  the  clerk  in 
his  office ; and  the  city  clerk  and  sexton  shall  examine  such 
certificates  and  compare  them  with  the  entries  in  their  books, 
and  see  that  they  correspond  therewith. 

296.  Said  sexton  shall,  unless  otherwise  directed  by  the 
board  of  managers,  reside  in  the  building  erected  upon  the 
cemetery  grounds  for  the  sexton’s  residence,  and  shall  be  in 
readiness  at  all  seasonable  times,  by  himself  or  some  com- 
petent assistant,  to  perform  all  the  duties  required  of  him. 
He  shall  dig  or  cause  to  be  dug  all  graves,  attend  to  the 
interment  of  all  dead  bodies  therein,  and  fill  up,  trim  and 
keep  and  preserve  the  graves  in  good  order.  Each  grave  for 
a full  grown  body  shall  be  not  less  than  five  and  one-half 
feet  in  depth,  and  for  any  other  body  not  less  than  five  feet. 

297.  If  the  sexton  shall  willfully  neglect  or  refuse  to 
perform  any  duty  hereinbefore  required  of  him,  or  shall 


224 


GENERAL  ORDINANCES  OF 


maltreat  the  dead  body  of  any  person,  or  any  grave,  or  be 
guilty  of  any  other  improper  conduct,  be  shall,  upon  con- 
viction thereof,  be  fined  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars  in  each  case,  and  shall  also  be 
subject  to  removal  from  office  by  the  board. 

, 298.  Said  sexton  shall,  upon  the  appointment  and  quali- 

fication of  his  successor  in  office,  deliver  to  him  all  property, 
books,  records,  maps,  and  effects  of  every  description,  in  his 
possession,  belonging  to  the  city,  or  pertaining  to  his  said 
office ; and  in  case  of  his  neglect  or  refusal  to  deliver  the 
same,  within  five  days  after  demand  being  made  therefor, 
he  shall  be  subject  to  a penalty  of  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  dollars. 

299.  All  fines  and  penalties,  assessed  and  collected  for 
violations  of  any  of  the  provisions  of  this  article  or  chapter, 
shall  be  paid  by  the  officers  imposing  and  collecting  the 
same  into  the  city  treasury,  and  the  treasurer  shall  place 
the  amount  thereof  to  the  credit  of  the  Qak  Eidge  Cemetery 
fund. 


THE  CITY  OF  SPRINGFIELD. 


225 


CHAPTER  XL 

DOMESTIC  ANIMALS. 


Article  I.  Animals— Impounding  and  Sale  of. 

II.  Dogs. 

III.  Other  Provisions  Relating  to  Animals. 


Article  I. 

ANIMALS — IMPOUNDING  AND  SALE  OF. 

Sec.  300.  It  shall  be  unlawful  for  any  domestic  animal 
of  the  species  of  horse,  .mule,  cattle,  sheep,  swine,  goat  or 
goose,  to  run  or  go  at  large,  at  any  time,  within  the  cor- 
porate limits  of  the  city  of  Springfield ; and  any  person,  being 
the  owner,  possessor  or  keeper  of  any  such  animal  or  animals, 
who  shall  knowingly  suffer  or  permit  the  same  to  run  or  go  at 
large  in  said  city,  in  violation  of  this  section,  shall  be  sub- 
ject to  a penalty  of  one  dollar  for  each  and  every  animal  so 
permitted  to  run  or  go  at  large,  together  with  the  fees  for 
impounding,  and  the  expense  of  sustenance  for  such  animal 
or  animals,  when  impounded,  as  hereinafter  provided. 

301.  It  is  hereby  made  the  duty  of  the  superintendent  of 
police,  and  of  the  several  members  of  the  police  force  of 
said  city,  to  take  up  any  and  every  animal  aforesaid  known 
by  him  or  them  to  be  unlawfully  at  large  contrary  to  the 
provisions  of  this  article,  and  to  confine  the  same  in  the 
pound  or  pounds,  within  the  city,  to  be  provided  for  that 
purpose  by  the  superintendent  of  police,  under  the  direction 
of  the  mayor  and  police  committee. 

302.  Any  person  inconvenienced  or  injured,  or  who  may 
be  in  danger  of  being  injured,  either  in  his  person  or  prop- 
erty, by  reason  of  the  unlawful  running  at  large  in  the  city 
of  any  animal  hereinbefore  mentioned,  may  take  and  drive 
such  animal-  to  the  city  pound,  and  it  shall  be  the  duty  of 
the  pound-keeper  to  receive  and  impound  the  same. 

303.  The  superintendent  of  police  is  hereby  authorized 
to  appoint,  with  the  approval  of  the  mayor,  a suitable  dep- 
uty, removable  at  pleasure,  whose  duty  it  shall  be  to  keep 
the  city  pound,  and  who  may  do  all  such  acts  and  perform 
all  such  duties  as  the  superentendent  might  or  could  do  in 

—15 


226 


GENERAL  ORDINANCES  OF 


the  premises ; but  said  superintendent  shall  be  held  responsible 
for  the  acts  and  doings  of  such  deputy.  He  may  also  ap- 
point, from  time  to  time,  at  his  own  cost  and  responsibility,, 
such  limited  number  of  assistants  as  he  shall  deem  neces- 
sary, to  aid  him  in  enforcing  the  provisions  of  this  article. 

304.  The  superintendent  of  police  shall  provide  suitable 
and  necessary  food  and  drink  for  all  such  animals  as  may 
be  taken  up  and  impounded,  during  the  time  they  may  be 
so  impounded ; and  the  cost  of  such  sustenance,  together 
with  the  lawful  fees  for  taking  up  and  impounding,  shall  be 
paid  to  the  superintendent  or  pound-keeper,  before  any  such 
animal  shall  be  released  from  the  pound. 

305.  When  any  animal  or  animals  shall  have  been  im- 
pounded as  aforesaid,  and  the  owner  or  person  entitled  to 
the  possession  of  the  same  shall  fail  to  appear  within  twenty- 
four  hours  after  the  impounding,  and  pay  the  fees  and 
charges  required  for  their  redemption,  it  shall  be  the  duty 
of  the  superintendent  of  police,  or  pound-keeper,  to  make 
complaint,  in  writing,  before  some  police  magistrate  or  jus- 
tice of  the  peace  of  the  city,  giving  a general  description  of 
the  animal  or  animals  impounded,  the  date  of  such  impound- 
ing, and  the  name  of  the  owner  thereof,  if  known  to  the 
complainant;  and  thereupon  the  magistrate  shall  issue  a 
warrant  against  the  owner  or  keeper  of  such  animal  or  ani- 
mals, for  permitting  the  same  to  run  at  large  in  violation  of 
the  provisions  of  this  article ; and  upon  the  return  of  the 
warrant  duly  executed,  or  the  defendant  appearing  in  court, 
like  proceedings  shall  be  had  as  in  other  cases  for  the  re- 
covery of  fines  or  penalties  under  the  ordinances ; and  if  the 
defendant  is  found  guilty,  judgment  shall  be  rendered  against 
him  for  the  penalty,  impounding  fee,  cost  of  sustenance,  and 
costs  of  suit,  and  an  order  shall  be  entered  that  such  animal 
or  animals  be  sold  to  satisfy  said  judgment  and  costs,  unless 
the  same  shall  be  forthwith  paid. 

306.  When  the  owner  of  any  animal  impounded  is  un- 
known, complaint  shall  be  made,  in  like  manner  as  provided 
in  the  last  section  hereof,  against  the  “unknown  owner”  of 
such  animal,  describing  the  same ; and  thereupon  the  magis- 
trate, before  whom  such  complaint  is  made,  shall  issue  a 
notice  in  substance  as  follows  : 

Pound  Notice. 

Wherpasi,  Complaint  has  this  day  been  made  before  me,  that  the  unknown 

owner  of  the  following  described  animal,  to-wit : 

impounded  at on  the day  of 18 

has  permitted  the  same  to  run  at  large  contrary  to  the  provisions  of  article 

of  chapter , of  the  revised  ordinances  of  the  city  of  Springfield. 

Now,  therefore,  notice  is  hereby  given  that  a trial  will  be  had  upon  the  said 

complaint,  at  my  office,  in  the  city  of  Springfield,  on  the day  of 

18 at  the  hour  of , when  and  where  said  unknown  owner,  or  other  per- 

son interested  therein,  may  appear  and  defend,  if  he  shall  see  fit  to  do  so. 

Witness  my  hand  and  seal,  this day  of , A.  D.  18 — 

P.  M.  or  J.  P.  [SEAL.! 


THE  CITY  OF  SPRINGFIELD. 


227 


307.  The  day  named  in  said  notice  for  trial  shall  not 
be  less  than  five  nor  more  than  ten  days  from  the  issuing 
of  the  same ; and  it  shall  be  the  duty  of  the  superintendent 
of  police,  or  some  other  police  officer,  to  forthwith  post  three 
copies  of  said  notice,  to- wit : one  at  the  pound  where  the 
animal  is  impounded,  one  at  the  front  door  of  the  county 
court  house,  and  one  at  the  office  of  the  magistrate  issuing 
the  notice,  and  to  make  due  return  thereof,  showing  the 
time  and  manner  of  said  posting. 

308.  The  justice  or  police  magistrate  issuing  said  notice 
shall  enter  the  case  upon  his  docket,  as  follows : City  of 
Springfield  vs.  The  Unknown  owner  of  [here  describe  the 
animal].  And  upon  the  day  set  for  trial,  and  the  return  of 
the  notice  executed  as  prescribed  in  the  last  preceding  sec- 
tion hereof,  like  proceedings  shall  be  had  as  in  the  case  of 
personal  service  or  appearance. 

309.  In  all  cases  of  trial  for  violations  of  this  article, 
the  defendant  may  have  the  cause  tried  by  a jury,  if  he 
shall  so  demand  before  the  trial  is  entered  upon. 

310.  Upon  the  rendition  of  any  judgment,  as  provided 
in  the  last  three  preceding  sections  hereof,  the  magistrate 
rendering  the  same  shall  issue  to  superintendent  of  police 
an  order  of  sale,  which  shall  be  substantially  in  the  follow- 
ing form,  to-wit : 

The  People  of  the  State  of  Illinois,  I „ 

City  of  Speingfiele.  f 

To Superintendent  of  Police. 

We  command  you.  that  of  the  following  described  goods  and  chattels,  to-wit: 

[here  describe  the  animal  1,  the  property  of you 

make  the  sum  of dollars  and cents  debt,  and 

dollars  and cents  costs,  wnich  the  city  of  Springfield  lately  recovered 

before  me  against  the  said and  hereof  make  due 

return  in  what  manner  you  execute  the  same. 

Given  under  my  hand  and  seal,  this day  of A.  D.  18.... 

P.  M.  or  J.  P.  [SEAL.. 

Which  order  shall  be  returned  by  the  superintendent  of 
police  within  thirty  days  from  its  date,  to  the  office  of  the 
magistrate  issuing  the  same,  with  an  endorsement  thereon 
showing  when  and  how  the  same  was  executed. 

311.  Upon  the  receipt  of  such  order,  said  superintendent 
shall  immediately  post,  or  cause  to  be  posted,  three  notices 
in  like  public  places,  within  the  city,  as  provided  in  Section 
307  of  this  article,  which  notices  may  be  in  substance  as 
follows : 

Pound  Notice. 

Taken  up  and  impounded  in  the  city  pound  of  the  City  of  Springfield,  at 
[here  state  the  place  of  the  poundl,  the  following  described  animal  or  animals, 
[here  describe  the  samel,  which  said  animal  or  animals,  unless  redeemed,  will 
be  sold  at  public  auction  for  cash,  to  the  highest  bidder,  at  said  pound,  at  the 
hour  of o’clock M.,  on  the .day  of A.  D.  18 

Supt.  of  Police. 


228 


GENERAL  ORDINANCES  OF 


312.  The  day  of  sale  mentioned  in  said  notice,  shall  be 
not  less  than  three  nor  more  than  five  days  after  posting 
the  same,  exclusive  of  Sundays,  legal  holidays  and  election 
days ; and  if  such  animal  or  animals  are  not  redeemed,  the 
superintendent  of  police  shall  sell  the  same  in  accordance 
with  said  notice,  and  all  animals  belonging  to  different  own- 
ers shall  be  sold  separately. 

313.  Said  superintendent  may,  from  want  of  bidders,  or 
other  sufficient  cause,  adjourn  any  such  sale  from  day  to 
day,  until  the  same  shall  be  completed.  If  he  shall  sell 
any  animal  without  giving  the  notice  above  prescribed,  or  if 
he  shall  purchase  any  animal  at  his  own  sale,  he  shall,  in 
either  case,  incur  a penalty  of  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars. 

314.  The  superintendent  of  police  shall  keep,  or  cause 
to  be  kept  a suitable  book,  in  which  he  shall  record  a brief 
description  of  all  animals  impounded,  with  the  date  of  the 
impounding  of  each,  and  the  owner’s  name,  if  known,  and 
also  a statement  of  the  disposition  made  of  such  animal, 
when  and  by  whom  redeemed,  or,  in  case  of  sale,  the  date 
of  sale  and  name  of  the  purchaser,  and  the  amount  received 
therefor;  which  book  shall  be  open  to  the  inspection  of  all. 
persons  interested  therein.  He  shall,  monthly,  on  the  first 
day  of  each  month,  pay  into  the  city  treasury  all  moneys 
received  by  him  in  excess  of  the  costs,  fees  and  expenses 
allowed  by  ordinance  for  the  taking  up,  impounding,  suste- 
nance and  sale  of  such  animals,  and  the  treasurer  sliall  re- 
ceipt for  the  same  and  keep  an  account  thereof. 

315.  If  the  owner  of  any  animal,  impounded  and  sold 
as  aforesaid,  shall  apply  and  prove  the  ownership  thereof  to 
the  satisfaction  of  said  superintendent,  before  his  paying  the 
money  into  the  city  treasury,  he  shall  pay  the  surplus  due 
from  the  sale  of  such  animal  to  such  applicant,  taking  his 
receipt  therefor.  And  if  any  surplus  proceeds  of  any  such 
sale  shall  have  beeia  paid  into  the  treasury,  as  provided  in 
the  last  preceding  section,  the  owner  of  the  animal  or  ani- 
mals so  sold  shall  be  entitled  to  receive  the  same,  less  all 
costs  and  charges  which  may  have  accrued  to  the  officers 
of  said  city,  upon  presenting  to  the  city  council,  or  the  pro- 
per committee  thereof,  satisfactory  proof  of  his  ownership, 
together  with  the  certificate  of  the  superintendent  of  police 
of  the  amount  of  such  surplus. 

316.  Whoever  shall  break  open  any  city  pound,  or  shall 
take  or  attempt  to  take  therefrom  any  impounded  animal, 
without  the  consent  of  the  pound-keeper;  or  whoever  shall 
resist,  obstruct,  hinder  or  delay  the  superintendent  of  police, 
or  any  of  his  assistants,  while  taking  or  driving  to  the  city 


THE  CITY  OF  SPRINGFIELD. 


229 


pound  any  animal  found  unlawfully  at  large,  within  said 
city ; or  who  shall  in  any  manner  attempt  to  prevent  the 
impounding  of  such  animal,  shall,  upon  conviction,  be  fined 
not  less  than  five  dollars  nor  more  than  one  hundred  dol- 
lars for  each  offense. 

317.  Whoever  shall  take  or  drive  any  animal  from  any 
inclosed  lot  or  ground,  or  from  any  pen,  stable  or  other 
building,  or  from  without  the  limits  of  said  city,  to  any 
pound  within  the  city,  with  the  intent  that  such  animal  be 
impounded,  shall,  upon  conviction,  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense. 

318.  Any  police  officer  who  may  find  any  horse  or  mule, 
or  any  team,  upon  any  street  or  alley  in  said  city  after 
twelve  o’clock  at  night,  without  .any  owner  or  other  person 
being  in  charge  thereof,  shall  be  authorized  to  take  such 
animal  or  team  to  the  city  pound,  or  other  safe  place,  to 
be  there  kept  and  supplied  with  necessary  sustenance,  until 
the  owner  or  person  entitled  to  possession  of  the  same  shall 
appear  and  prove  his  ownership,  and  pay  the  proper  charges 
thereon. 


Article  II. 

DOGS. 

319.  Every  owner  or  keeper  of  any  dog  in  the  city  of 
Springfield  shall,  within  thirty  days  after  the  first  day  of 
May  in  each  year,  apply  and  pay  to  the  city  superintendent 
of  police,  the  sum*  of  one  dollar  for  every  male  dog,  and  the 
sum  of  two  dollars  for  every  female  dog,  owned  or  possessed 
by  him ; and,  thereupon,  said  superintendent  shall  enter  the 
name  and  residence  of  such  owner  or  keeper  in  a book  to 
be  kept  by  him  for  that  purpose,  and  shall  deliver  to  the 
person  so  applying  a metallic  check  or  tag,  upon  which 
shall  be  stamped  the  letter  “E,”  and  the  year  when  issued, 
which  check  shall  be  securely  attached  by  the  owner  to  the 
collar  of  his  dog. 

320.  All  dogs  running  at  large  in  said  city,  between  the 
first  day  of  June  and  the  last  day  of  September  in  each 
year,  without  such  check  or  tag,  and  a muzzle,  contrary  to 
the  provisions  of  this  article,  are  hereby  declared  to  be  a 
nuisance,  and  shall  be  taken  up  by  the  superintendent  of 
police,  or  any  police  officer,  or  any  person  employed  by  the 
superintendent  of  police,  and  placed  in  the  pound  where  live 
stock  are  authorized  to  be  impounded,  or  in  a pound  to  be 
provided  for  that  purpose  by  said  superintendent,  to  be 
known  as  the  “dog  pound:”  Provided,  that  the  owner  of 


230 


GENERAL  ORDINANCES  OP 


any  dog  may  claim  the  same  and  have  the  same  released 
upon  procuring  a check  or  tag,  as  provided  in  the  last  pre- 
ceding section  hereof,  within  three  days  from  the  time  such 
dog  was  placed  in  pound.  All  dogs  not  so  released  within 
three  days  from  the  time  the  same  were  impoun  led,  shall 
be  removed  by  the  superintendent  of  police,  or  some  person 
by  him  appointed,  beyond  the  city  limits  and  destroyed. 

321.  The  superintendent  of  police  is  hereby  authorized 
to  employ  one  or  more  competent  assistants,  as  he  may 
deem  necessary,  to  aid  him  in  enforcing  the  provisions  of 
this  article,  and  he  is  also  authorized  to  offer  a reward  of 
fifty  cents  for  every  dog  taken,  up  within  the  city  and 
brought  to  him  alive^ — to  be  paid  from  the  fees  collected  as 
aforesaid.  Whoever  shall  resist,  hinder  or  molest  the  said 
superintendent  or  his  assistants,  or  any  police  officer,  while 
engaged  in  the  discharge  of  any  duty  herein  enjoined  upon 
him  or  them,  shall,  on  conviction,  be  fined  not  less  than 
three  dollars  nor  more  than  fifty  dollars  for  each  offense. 

322.  Said  superintendent  shall  report  to  the  city  council 
monthly,  in  writing,  under  oath,  the  number  of  dogs  regis- 
tered by  him,  the  amount  of  fees  or  taxes  collected  therefor, 
and  the  number  of  dogs  removed  and  destroyed  under  the 
provisions  hereof,  together  with  the  cost  of  such  removal 
and  destruction  to  the  city;  and  any  moneys  remaining  in 
his  hands  over  and  above  the  actual  expenses  incurred,  he 
shall  pay  into  the  city  treasury. 

323.  Whenever  danger  from  hydrophobia  shall  be  deemed 
to  exist  within  said  city,  the  mayor  may,  by  proclamation 
or  notice  published  in  one  or  more  newspapers  of  the  city, 
notify  and  require  all  persons  owning  or  keeping  dogs  to 
confine  the  same,  or  securely  muzzle  them,  for  such  time  as 
may  be  designated  in  the  proclamation  or  notice,  or  until 
otherwise  ordered  by  the  city  council. 

324.  All  dogs  found  running  at  large  in  said  city^  con- 
trary to  the  provisions  of  this  article,  whether  owned  of  kept 
within  or  without  the  city,  shall  be  destroyed  by  the  super- 
intendent of  police,  or  any  person  appointed  by  him  for  such 
purpose,  or  by  any  policeman ; and  the  owner  or  keeper  of 
any  such  dog,  who  shall  knowingly  permit  the  same  to  run 
at  large  contrary  to  any  of  the  provisions  hereof,  shall  be 
subject  to  a penalty  of  not  less  than  three  dollars  nor  more 
than  twenty-five  dollars. 

325.  No  officer  or  other  person  shall  take  up  or  impound 
any  dog  which  is  collared  and  registered  as  hereinbefore 
prescribed ; nor  shall  remove  or  take  away  the  collar  or 
check  from  any  dog;  nor  shall  entice  or  decoy  any  dog  out 


THE  CITY  OF  SPRINGFIELD. 


231 


of  any  house  or  inclosed  lot,  nor  bring,  or  cause  to  be  brought 
or  enticed,  any  dog  from  without  the  city  limits  into  the 
same,  for  the  purpose  of  impounding  such  dog,  under  a 
penalty  in  each  case  of  not  less  than  three  dollars  nor  more 
than  one  hundred  dollars. 

326.  Any  owner  or  keeper  of  a fierce  or  dangerous  dog, 
who  shall  knowingly  permit  or  allow  the  same  to  run  at 
large,  whether  registered  or  checked  as  aforesaid  or  not,  to 
the  danger,  annoyance  or  injury  of  any  person  within  said 
city,  shall  be  subject  to  a penalty  of  five  dollars  for  the 
first  offense,  and  to  a further  penalty  of  not  less  than  ten 
dollars  nor  more  than  fifty  dollars  for  any  subsequent 
offense;  and  upon  a second  conviction,  the  superintendent 
of  police,  or  any  police  officer  making  the  arrest,  shall  de- 
stroy such  dog. 

327.  Any  owner  or  keeper  of  any  bitch,  who  shall  know- 
ingly permit  or  allow  the  same  to  run  at  large  while  in  heat, 
whether  she  be  registered  and  checked  as  aforesaid  or  not, 
shall,  upon  conviction,  be  fined  not  less  than  five  dollars 
nor  more  than  twenty-five  dollars  for  every  such  offense. 

Article  III. 

OTHER  PROVISIONS  RELATING  TO  ANIMALS. 

328.  Whoever  shall,  within  the  city  of  Springfield,  inhu- 
manly, cruelly  or  unnecessarily  beat,  abuse,  or  otherwise 
maltreat  any  dumb  animal,  or  shall  overload  or  overdrive 
any  horse  or  mule,  or  any  team,  shall  be  subject  to  a penalty 
of  not  less  than  three  dollars  nor  more  than  fifty  dollars  for 
each  and  every  offense. 

329.  Whoever  shall,  in  said  city,  inhumanly  or  unneces- 
sarily fail  to  provide  any  dumb  animal,  owned  or  kept  by 
him,  with  proper  and  necessary  food  and  drink,  shall  be 
subject  to  a penalty  of  three  dollars,  and  to  a further  pen- 
alty of  one  dollar  for  each  day,  after  conviction,  that  such 
offense  shall  be  continued. 

330.  Whoever  shall  knowingly  permit  or  allow  any  vicious, 
unruly  or  mischievous  animal,  owned  or  kept  by  him,  to 
run  or  go  at  large  in  said  city,  to  the  danger  or  annoyance 
of  any  person,  or  the  injury  or  damage  of  any  property, 
shall  be  subject  to  a fine  of  not  less  than  five  dollars  nor 
exceeding  fifty  dollars. 

331.  Any  person  who  may  have  a dead  horse,  mule,  cow, 
dog,  hog,  or  other  like  animal,  shall  take  and  bury  the  same 
outside  of  the  corporate  limits  within  twenty-four  hours  after 
the  death  of  such  animal,  unless  sooner  removed  by  the  city 
scavenger,  under  a penalty  of  not  less  than  two  dollars  nor 
more  than  ten  dollars  in  each  case. 


232 


GENERAL  ORDINANCES  OF 


CHAPTER  XII. 


ELECTIONS. 

Akticle  I.  General  Provisions  Respecting  Elections. 

IL  Contesting  Election  of  Aldermen. 

HI.  Election  Precincts  for  Capital  Township. 

Article  I. 

GENERAL  PROVISIONS  RESPECTING  ELECTIONS. 

Sec.  332.  A general  election  for  municipal  officers^ 
authorized  by  law  or  ordinance  to  be  elected,  shall  be  held 
in  the  city  of  Springfield  on  the  first  Tuesday  of  April  in 
each  year,  at  such  places  in  the  several  wards  of  said  city 
as  may  be  designated  by  the  city  council. 

333.  The  city  clerk  shall  give  notice  of  such  election  by 
publishing  an  advertisement  in  some  newspaper  printed  and 
published  in  said  city,  or  by  posting  notices  thereof  at  each 
of  the  voting  places  in  the  city,  for  at  least  twenty  days 
prior  to  such  election,  in  which  notice  he  shall  state  the 
time  and  places  of  holding  such  election,  and  the  officers  to 
be  elected. 

334.  Special  elections  may  be  ordered  at  any  time,  for 
any  of  the  purposes  provided  by  law,  and  notice  thereof 
shall  be  given  by  the  city  clerk  in  the  same  manner  and 
for  the  same  time,  and  they  shall  be  held  and  conducted  in 
like  manner,  as  is  required  in  the  case  of  regular  annual 
elections. 

335. ^  The  city  council  shall,  annually,  at  least  thirty 
days  before  the  regular  municipal  election,  appoint  three 
capable  and  discreet  electors  in  each  ward  of  the  city  to  act 
as  judges  of  election  therein,  and  two  electors  in  each  ward, 
having  similar  qualifications  with  the  judges,  to  act  as  clerks 
of  election,  for  the  year  for  which  they  are  respectively 
appointed,  or  during  the  pleasure  of  the  city  council.  Im- 
mediately after  the  appointment  of  such  judges  and  clerks, 
the  city  clerk  shall  make  out  and  deliver  to  the  superin- 
tendent of  police,  notices  thereof,  under  the  corporate^seal, 
directed  to  each  person  so  appointed,  and  said  superintendent 
shall,  within  three  days  thereafter,  deliver  such  notices  to- 
the  several  judges  and  clerks  so  appointed. 


THE  CITY  OF  SPRINGFIELD. 


283 


336.  If  any  person  so  appointed  or  constituted  a judge 
of  election  shall  not  be  present  at  the  time  for  opening  any 
election,  or  shall  refuse  to  act  or  take  the  oath  to  act  in 
such  capacity,  the  judge  or  judges  present  may  appoint 
some  other  qualified  elector  of  the  ward  to  fill  the  vacancy. 
If  there  be  no  judge  of  election  present  at  the  time  fixed  for 
opening  the  polls,  such  of  the  electors  of  the  ward  as.  may 
then  be  present  at  the  place  of  election,  may  fill  the  places 
of  such  judges  by  election  from  their  number;  and  the 
judges  so  chosen  shall  have  the  same  power  and  be  subject 
to  the  same  penalties  as  other  judges  of  elections  : Provided, 
that  all  the  judges  shall  not,  in  any  case,  be  appointed  or 
chosen  from  the  same  political  party. 

337.  The  judges  of  election  shall  appoint  clerks,  when 
necessary  to  fill  vacancies,  and  the  judges  and  clerks  shall 
take  the  same  oath  and  have  the  same  powers  and  authority 
as  the  judges  and  clerks  of  general  State  elections.  If  any 
judge  or  clerk  shall,  after  entering  upon  his  duties,  by  sick- 
ness or  other  disability,  become  unable  to  act,  another  may 
be  appointed  in  his  place  by  the  judges;  and  in  such  case 
the  person  substituted  shall  take  and  subscribe  the  oath 
prescribed  by  law,  and  the  substitution  and  time  thereof 
shall  be  noted  on  the  poll  lists. 

338.  The  city  council  shall  provide  a sufficient  number 
of  ballot  boxes,  with  secure  locks  and  keys,  for  the  several 
wards  of  the  city.  The  city  clerk  shall  provide,  at  the  ex- 
pense of  the  city,  the  proper  poll  books  and  other  necessary 
election  blanks  and  stationery  for  each  ward,  and  shall 
cause  a suitable  number  thereof,  together  with  the  ballot 
boxes,  to  be  delivered  to  the  judges  of  election  on  the  day 
before  any  election  is  to  be  held. 

339.  The  polls  shall  be  opened  at  the  hour  of  eight 
o’clock  in  the  morning,  and  continued  open  until  seven 
o’clock  in  the  afternoon  of  the  same  day,  at  which  time 
they  shall  be  closed;  but  if  the  judges  shall  not  attend  at 
the  hour  of  eight  o’clock  in  the  morning,  or  if  it  shall  he 
necessary  for  the  electors  present  to  appoint  judges  to  con- 
duct the  election,  the  polls  may,  in  that  case,  be  opened  at 
any  hour  before  the  time  for  closing  the  same  shall  arrive, 
as  the  case  may  require. 

340.  Upon  opening  the  polls,  one  of  the  judges  or  clerks 
shall  make  proclamation  of  the  fact,  and  at  least  thirty 
minutes  before  the  closing  of  the  same,  proclamation  shall 
be  made  in  like  manner,  that  the  polls  will  be  closed  in  half 
an  hour. 


234 


GENERAL  ORDINANCES  OF 


341.  The  manner  of  conducting  and  voting  at  such  elec- 
tions, the  keeping  of  the  poll  lists,  and  the  canvassing  of 
the  votes  by  the  judges  thereof,  shall  be  the  same,  as  nearly 
as  may  be,  as  in  the  case  of  the  election  of  county  officers 
under  the  general  election  laws  of  this  State. 

342.  After  the  closing  of  the  polls,  the  ballots  shall  be 
counted,  and  the  returns  made  out  and  returned,  under  seal, 
to  the  city  clerk  within  two  days  after  the  election;  and 
thereupon  the  city  council  shall  meet  and  examine  and  can- 
vass said  returns,  and  declare  the  result  of  the  election,  and 
cause  a statement  thereof  to  be  entered  upon  the  journal  of 
their  proceedings. 

343.  The  person  having  the  highest  number  of  votes  for 
any  office  shall  be  declared  elected.  In  case  of  a tie  in  the 
election  of  any  city  officer,  it  shall  be  determined  by  lot,  in 
the  presence  of  the  city  council,  in  the  manner  following: 
There  shall  be  placed  in  a ballot  box,  or  other  suitable  box, 
as  many  folded  ballots  as  there  are  persons  having  an  equal 
number  of  votes.  On  one  of  these  ballots  shall  be  written 
the  name  of  the  office  for  which  the  candidates  were  voted 
for,  and  the  other  ballot  shall  have  written  upon  it  some 
other  word.  The  candidates  shall  then  each  draw  one  ballot, 
and  the  candidate  drawing  the  ballot  on  which  is  written 
the  name  of  the  office  shall  be  declared  elected  to  the  office. 
If  any  candidate  shall  be  absent,  or  shall  refuse  to  draw  a 
ballot,  the  city  council  shall  appoint  one  of  their  number  to 
draw  for  such  candidate. 

344.  It  shall  be  the  duty  of  the  city  clerk,  within  five 
days  after  the  result  of  any  election  is  declared  or  appoint- 
ment made  by  the  city  council,  to  notify,  in  writing,  all 
persons  elected  or  appointed  to  office  of  their  election  or 
appointment,  and  if  any  such  person  shall  fail  to  qualify 
within  ten  days  after  such  notice,  the  office  shall  become 
vacant. 

345.  If,  at  any  election,  there  is  a failure  to  elect  any 
officer  required  to  be  elected  by  or  in  pursuance  of  law,  or 
if  the  person  elected  should  fail  to  qualify,  or  should  be  in- 
eligible to  the  office  because  of  any  legal  disqualification,  the 
city  council  may  forthwith  order  and  call  a new  election 
therefor. 

346.  The  members  of  the  police  force  of  the  city  shall 
attend  at  all  elections,  for  the  purpose  of  preserving  order 
and  keeping  the  peace ; and  the  judges  of  election  may 
command  any  pffiice  officer  in  attendance  to  arrest  any  per- 
son who  shall  disturb  the  peace,  or  be  guilty  of  any  riotous 
or  disorderly  conduct  about  the  polls. 


THE  CITY  OF  SPRINGFIELD. 


235 


Article  II. 

CONTESTING  ELECTION  OF  ALDERMEN. 

347.  The  election  of  any  alderman  may  be  contested  by 
any  elector  of  the  city  of  Springfield,  and  the  proceedings 
shall  be  in  the  manner  hereinafter  provided,  as  nearly  as 
may  be.  The  city  council  shall  be  the  tribunal  before  which 
such  contest  shall  be  heard,  and  its  decision  thereon  shall 
be  final. 

348.  When  any  person  shall  desire  to  contest  the  right 
of  another  to  hold  the  office  of  alderman  in  said  city,  he 
shall,  within  thirty  days  after  the  person  whose  election  is 
contested  is  declared  elected,  file  with  the  city  clerk  a state- 
ment in  writing,  briefly  setting  forth  the  points  on  which  he 
will  contest  such  election,  which  statement  shall  be  verified 
by  affidavit. 

349.  Upon  filing  such  statement,  such  contestant  shall 
also  serve  a copy  thereof  upon  the  person  whose  election  he 
intends  to  contest,  and  in  case  such  person  is  absent  from 
the  city,  or  cannot  be  found,  then  by  leaving  a copy  of  the 
statement  at  his  usual  place  of  residence. 

350.  Whenever  said  statement  shall  have  been  filed  and 
served  as  aforesaid,  it  shall  be  the  duty  of  the  city  council, 
upon  the  request  of  either  party,  to  meet  and  fix  the  time 
and  place  for  taking  the  depositions  of  witnesses ; when 
either  party  may  proceed  to  take  the  testimony  of  any  wit- 
ness, in  the  manner  and  as  provided  by  law  for  taking  depo- 
sitions to  be  used  in  cases  in  chancery,  before  any  judge, 
justice  of  the  peace,  master  in  chancery,  or  notary  public, 
at  the  time  and  place  so  fixed,  and  continue  the  same  from 
day  to  day  thereafter,  until  all  the  testimony  shall  have 
been  taken. 

351.  In  all  cases  of  such  contested  elections,  the  proofs 
shall  be  taken  and  filed  with  the  city  clerk  within  sixty  days 
from  the  day  fixed  by  the  city  council  for  taking  the  same ; 
but  the  council  may,  upon  sufficient  cause  shown,  extend 
the  time.  No  testimony  shall  be  taken,  or  be  produced  on 
the  hearing  before  the  city  council,  except  upon  the  points 
set  forth  in  the  aforesaid  statement,  required  to  be  filed  with 
the  city  clerk  and  served  upon  the  contestee. 

352.  When  all  the  evidence  shall  have  been  taken  as 
aforesaid,  the  same  shall  be  forthwith  filed  in  the  office  of 
the  city  clerk,  who  shall  lay  the  same  before  the  city  coun- 
cil, and  the  council  shall,  without  delay,  refer  the  same  to 
some  appropriate  committee,  to  examine  and  report  thereon. 


236 


GENERAL  ORDINANCES  OF 


Upon  such  report  being  made,  the  city  council  shall  hear 
the  case,  and  may  require  all  the  testimony  and  proofs 
taken  to  be  read  in  open  council,  and  shall,  by  a majority 
vote,  upon  a call  of  the  “yeas”  and  “nays,”  declare  as 
elected  the  person  who  shall  appear  by  the  evidence  to  have 
been  elected;  and  the  clerk  shall  enter  such  decision  and 
declaration  upon  the  journal  of  the  city  council. 

353.  In  all  cases  of  contested  elections,  the  parties 
thereto  shall  be  entitled  to  have  the  package  or  packages  of 
ballots,  which  have  been  returned  to  the  city  clerk  pursuant 
to  law,  opened  in  the  presence  of  a committee  of  the  city 
council  and  the  officer  having  the  custody  thereof,  and  to 
have  said  ballots  counted ; or  the  same  may  be  brought 
into  open  council,  and  then  and  there  counted  by  a com- 
mittee of  three  members  appointed  for  that  purpose. 

354.  It  shall  be  the  duty  of  the  city  clerk  to  carefully 
preserve  all  ballots  returned  to  him  by  the  judges  of  any 
city  or  town  election,  for  six  months  thereafter,  and  at  the 
expiration  of  that  time  he  shall  destroy  the  same  by  burn- 
ing, under  the  direction  of  the  city  council : Provided,  that 
if  any  contest  of  election  shall  be  pending  at  such  time,  in 
which  such  ballots  may  be  required  as  evidence,  the  same 
shall  not  be  destroyed  until*  such  contest  is  finally  deter- 
mined. 


Article  III. 

ELECTION  PRECINCTS  FOR  CAPITAL  TOWNSHIP. 

355.  The  election  precincts  or  districts  for  Capital  town- 
ship shall  be  the  same  in  all  respects  as  the  several  wards 
into  which  the  city  of  Springfield  is  now,  or  may  hereafter 
be,  divided  by  ordinance. 

356.  The  voting  places  at  the  town  elections  held  in  said 
township,  and  the  judges  of  said  elections,  shall  be  the  same 
as  those  designated  and  appointed  by  the  city  council  for 
general  city  elections. 


THE  CITY  OF  SPRINGFIELD. 


237 


CHAPTER  XIII. 

FEES  AND  SALAKIES. 

Aeticle  I.  Fees  and  Compensation  of  City  Officers. 

II.  Compensation  of  Persons  Other  than  City  Officers. 

Article  I. 

FEES  AND  compensation  OF  C*TY  OFFICERS. 

Sec.  357.  The  salaries  or  pay  of  all  officers  of  the  city 
of  Springfield,  except  aldermen,  shall  be  fixed  by  the  city 
council  in  the  annual  appropriation  bill  or  ordinance,  or  by 
some  ordinance  prior  to  the  passage  of  such  annual  appro- 
priation bill ; and  when  such  salaries  or  compensation  have 
been  once  fixed,  the  same  shall  not  be  changed,  so  as  to 
take  effect  during  the  term  for  which  any  such  officer  was 
elected  or  appointed. 

358.  The  salaries  of  all  officers  and  regular  employes  of 
said  city,  unless  otherwise  provided,  shall  be  payable  by  the 
city  treasurer,  monthly,  on  the  first  day  of  each  month,  upon 
warrants  drawn  by  the  city  comptroller,  signed  by  the  comp- 
troller, and  countersigned  by  the  mayor.  But  no  warrant 
shall  be  drawn  in  favor  of  any  officer  for  the  payment  of 
his  salary,  who  may  be  in  default  or  arrears  with  the  city. 

359.  The  compensation  of  the  aldermen  of  said  city  is 
hereby  fixed  at  the  sum  of  three  dollars  to  each  alderman 
for  each  meeting  of  the  city  council  actually  attended  by 
him,  and  no  other  compensation  than  for  attendance  upon 
such  meetings  shall  be  allowed  or  paid  to  any  alderman  for 
any  service  whatsoever. 

360.  The  city  collector  of  special  taxes  and  special 
assessments  shall  be  allowed  to  deduct  and  retain,  as  com- 
pensation for  his  services,  one  per  cent,  of  all  moneys 
collected  by  him  and  paid  into  the  city  treasury. 

361.  The  city  weigher  shall  be  allowed  as  compensation 
for  his  services  one-half  of  the  net  proceeds  from  weighing 
fees,  collected  by  him  and  paid  into  the  city  treasury.  The 
price  or  rate  for  weighing  at  the  city  scales  shall  be  fifteen 
cents  per  draught  or  load,  to  be  collected 'by  the  weigher  at 
the  time. 


2£8 


GENERAL  ORDINANCES  OF 


362.  The  city  prison  keeper  shall  receive  for  his  services 
such  salary  as  is  now  or  may  hereafter  be  provided  by 
ordinance,  and,  in  addition  thereto,  he  shall  be  allowed  forty 
cents  for  each  twenty-four  hours,  or  in  that  proportion,  for 
the  food,  drink  and  lodging  of  each  person  committed  to  his 
custody,  which  sum  shall  be  collected  of  and  paid  by  the 
person  to  whom  the  same  was  supplied : Provided,  that  if 
any  such  person  shall  fail  to  pay  such  costs,  and  the  same 
can  not  be  collected  of  him,  then  the  same  shall  be  paid  by 
the  city. 

363.  The  fees  of  the  superintendent  of  police  and  mem- 
bers of  the  police  force,  for  serving  or  executing  process 
under  any  law  or  ordinance  of  said  city,  shall  be  the  same 
as  are  allowed  by  the  statutes  of  the  State  of  Illinois  to 
constables  for  like  services ; and  it  shall  be  the  duty  of  said 
superintendent  and  the  several  members  of  the  police  force 
to  attend  to  the  collection  of  all  fees  due  them  for  serving 
or  executing  process,  where  collectable,  and  the  same  shall 
be  paid  into  the  city  treasury  in  like  time  and  manner  as 
fines  and  penalties  are  required  to  be  paid  by  ordinance. 

364.  The  superintendent  of  police  of  the  city  shall  be 
authorized  to  charge  and  receive,  for  the  following  services, 
fees  as  follows,  to-wit : 

First — For  each  license  by  him  collected,  to  be  paid  by 
the  person  licensed,  fifty  cents. 

Second. — For  each  male  dog  by  him  registered  and  checked, 
to  be  paid  by  the  owner  thereof,  one  dollar. 

Third — For  each  female  dog  by  him  registered  and  checked, 
to  be  paid  by  the  owner  thereof,  two  dollars. 

Fourth — For  each  dog  or  bitch  by  him  removed  or  caused 
to  be  removed  without  the  city  limits  and  destroyed,  as 
provided  by  ordinance,  fifty  cents,  to  be  collected  of  the 
owner  or  keeper  of  such  animal,  if  practicable. 

365.  For  taking  up  and  impounding  animals  found  at 
large  contrary  to  ordinance,  the  superintendent  of  police,  or 
keeper  of  the  city  pound,  shall  be  allowed  to  charge  and 
receive  the  following  fees : 

First — For  each  horse,  mule  or  ass,  seventy-five  cents. 

Second — For  each  head  of  cattle,  fifty  cents. 

Third — For  each  sheep,  goat,  hog  or  shoat,  twenty-five 
cents. 

Fourth — For  each  suckling  pig,  five  cents. 

Fifth — For  each  goose,  five  cents. 

Sixth — For  discharging  each  animal  from  the  pound  with- 
out sale,  except  geese  and  suckling  pigs,  twenty  cents. 


THE  C.TY  OF  SPRINGFIELD. 


239 


368.  And  for  providing  suitable  food  and  drink  for  the 
animals  so  impounded,  for  each  twenty-four  hours  that  the 
same  may  be  kept  or  impounded,  respectively,  the  fees  fol- 
lowing : 

First — For  each  horse,  mule  or  ass,  fifty  cents. 

Second — For  each  head  of  cattle,  forty  cents. 

Third — For  each  goat,  sheep,  hog  or  shoat,  fifteen  cents. 

Fourth — For  each  goose  or  suckling  pig,  five  cents. 

367.  For  advertising  and  selling  any  impounded  animal, 
to  satisfy  any  judgment  against  the  owner  or  keeper  thereof, 
the  superintendent  of  . police  or  pound-keeper  shall  be 
entitled  to  receive  the  same  fees  as  are  allowed  by  the 
statutes  of  the  State  of  Illinois  to  constables  for  advertising 
and  selling  property  under  execution. 

368.  The  superintendent  of  police  shall  keep  a full  and 
correct  account  of  all  the  fees  and  emoluments  of  his  office, 
collected  or  received  by  him,  and  shall,  on  the  first  day  of 
each  month  pay  into  the  city  treasury  all  such  fees  and 
emoluments,  in  excess  of  the  amount  actually  expended  by 
him  in  enforcing  the  provisions  of  this  ordinance,  or  any 
ordinance  of  said  city,  in  relation  to  the  taking  up,  impound- 
ing and  sale  of  animals.  He  shall  also  make  out  and  return 
to  the  mayor  and  city  council  a semi-annual  report  thereof, 
on  the  first  Monday  in  May  and  November  of  each  year, 
which  report  shall  be  verified  by  affidavit,  and  shall  show 
the  manner  in  which  said  fees  and  emoluments  accrued. 

369.  The  inspector  of  weights  and  measures  of  the  city 
shall  be  entitled  to  charge  and  receive  fees  as  follows,  to  be 
paid  by  those  requiring  his  services,  to-wit : 

First — For  inspecting  and  stamping  platform  scales  of  five 
thousand  pounds  or  more,  including  weights,  two  dollars  each. 

Second — For  inspecting  and  stamping  platform  scales  of 
less  than  five  thousand  pounds,  including  weights,  one  dollar 
each. 

Third — For  inspecting  and  stamping  beams  of  one  thousand 
pounds  capacity,  or  more,  including  weights,  twenty-five  cents 
each ; those  of  smaller  capacity,  fifteen  cents  each. 

Fourth — For  inspecting  and  stamping  counter  scales  and 
balances,  including  weights,  fifteen  cents  each. 

Fifth— For  inspecting  and  stamping  a full  set  of  dry  meas- 
ures, twenty-five  cents;  for  a less  number,  each  measure, 
ten  cents. 

Sixth — For  inspecting  and  stamping  a full  set  of  liquid, 
wine  or  beer  measures,  twenty-five  cents ; for  a less  number, 
each  measure,  five  cents. 


240 


GENERAL  ORDINANCES  OF 


Seventh — For  inspecting  and  stamping  lineal  measures, 
each  yard,  five  cents:  Provided,  not  exceeding  twenty- 
five  cents  shall  be  charged  any  business  house  for  a single 
inspection. 

Eighth— To  the  above  fees  may  be  added  in  any  case 
necessary  drayage  of  standards,  not  exceeding  fifty  cents, 
together  with  reasonable  charges  for  correcting  erroneous 
weights  and  measures,  if  done  at  the  request  of  the  owner. 

370.  The  city  clerk  shall  be  allowed  to  charge  and  receive, 
for  the  following  services,  fees  as  follows,  to-wit: 

First— For  each  license  required  by  any  ordinance  of  the 
city,  and  issued  by  him,  one  dollar. 

Second — For  certifying  the  consent  of  the  mayor  or  city 
council  to  the  transfer  of  any  license,  fifty  cents. 

Third — For  making  copies  of  ordinances  and  other  matters 
of  record,  in  his  office,  when  not  required  for  public  use,  for 
each  one  hundred  words,  ten  cents;  and  for  certificates  of 
authentication  thereof,  under  the  corporate  seal,  twenty-five 
cents. 

Fourth — For  official  certificates,  with  or  without  the  cor- 
porate seal,  when  not  required  for  public  use,  twenty-five 
cents. 

Fifth — For  administering  and  attesting  each  oath,  when 
not  on  account  of  the  city,  fifteen  cents. 

Sixth — For  canceling  each  certificate,  ten  cents. 

Seventh — For  issuing  each  permit  (not  including  burial 
permits),  granted  by  the  mayor  or  city  council,  and  required 
to  be  issued  by  the  clerk,  fifty  cents. 

Eighth — For  services  performed  as  clerk  of  Capital  town- 
ship, he  shall  be  entitled  to  charge  the  same  fees  allowed 
by  the  laws  of  Illinois  to  other  town  clerks  for  like  services. 

371.  The  city  clerk  shall  keep  a full,  true  and  correct, 
account  of  all  the  fees  and  emoluments  of  his  office,  collected 
or  received  by  him,  and  shall  pay  the  same  into  the  city 
treasury  on  the  first  day  of  each  and  every  month;  and  he 
shall  also  make  out  and  return  to  the  mayor  and  city  council 
a semi-annual  report,  on  the  first  Monday  of  May  and 
November  in  each  year,  of  all  the  fees  and  emoluments  of 
his  office  received  during  the  half  year  ending  at  the  time 
of  such  report.  Said  report  shall  .be  verified  by  affidavit, 
and  shall  show  the  manner  in  which  such  fees  and  emolu- 
ments accrued. 


THE  CITY  OF  SPRINGFIELD. 


241 


Article  II. 

COMPENSATION  OF  PERSONS  OTHER  THAN  CITY  OFFICERS. 

372.  Judges  and  clerks  of  elections,  in  the  city  of  Spring- 
field  and  Capital  township,  shall  each  be  entitled  to  receive 
the  sum  of  three  dollars  for  each  day  they  may  be  actually 
engaged  in  registering  votes,  and  in  holding  and  conducting 
any  election.  The  expense  of  holding  city  elections  shall  be 
paid  out  of  the  city  treasury,  and  of  town  elections  from  the 
town  treasury. 

373.  Witnesses  and  jurors  attending  or  serving  before 
any  police  magistrate  or  justice  of  the  peace,  in  any  suit  or 
action  for  the  recovery  of  any  fine  or  penalty  under  the 
ordinances  of  said  city,  shall,  in  case  judgment  be  obtained 
against  the  offender,  be  entitled  to  the  same  fees  as  are 
allowed  by  the  statutes  of  the  State  of  Illinois,  in  like  cases, 
before  justices  of  the  peace : Provided,  that  no  costs  shall 
be  taxed  against  or  collected  of  the  city  in  any  such  suit, 
and  no  city  officer  shall  be  entitled  to  any  witness  fees  in 
any  action  for  a violation  of  any  city  ordinance,  where  the 
city  is  plaintiff. 

374.  Any  officer  or  other  person,  entitled  under  the  pro- 
visions of  this  chapter  to  charge  and  receive  any  fees  or 
costs,  who  shall  ask,  demand  or  receive  any  greater  sum 
than  he  is  authorized  to  charge  by  the  provisions  hereof,  or 
who  shall  knowingly  charge  a fee  for  any  service  when  none 
is  allowed  him  by  ordinance,  shall  be  subject  to  a fine  of 
not  less  than  five  dollars  nor  more  than  fifty  dollars  for 
each  and  every  such  offense. 


—16 


242 


GENERAL  ORDINANCES  OF 


CHAPTER  XIV. 


FIRE  LIMITS,  BUILDINGS  AND  FIRE  ESCAPES. 


Article  I.  The  Fire  Limits,  and  Buildings  therein. 

II.  Permits  for  Buildings  within  Fire  Limits. 
III.  Other  Provisions— Fire  Escapes. 


Article  I. 


THE  FIRE  LIMITS,  AND  BUILDINGS  THEREIN. 

Sec.  375.  All  that  portion  of  the  city  of  Springfield  em- 
braced within  the  following  boundaries,  to-wit : beginning  in 
the  center  of  Madison  street,  at  its  intersection  with  Second 
street,  and  running  east  on  the  center  line  of  Madison  street 
to  Tenth  street,  thence  south  on  the  center  line  of  Tenth 
street  to  Jefferson  street,  thence  east  on  the  center  line  of 
Jefferson  street  to  Eleventh  street,  thence  south  on  the  center 
line  of  Eleventh  street  to  Washington  street,  thence  west  on 
the  center  line  of  Washington  street  to  Tenth  street,  thence 
south  on  the  center  line  of  Tenth  street  to  Capitol  avenue, 
thence  west  on  the  center  line  of  Capitol  avenue  to  Second 
street,  and  thence  north  on  the  center  line  of  Second  street 
to  the  place  of  beginning,  together  with  such  other  portions 
of  the  city  as  may  hereafter,  from  time  to  time,  be  added 
thereto  by  ordinance,  shall  constitute  and  be  known  as  “the 
fire  limits”  of  said  city. 

376.  No  building  or  part  of  any  building  shall  hereafter 
be  erected  within  the  aforesaid  fire  limits,  except  as  herein- 
after provided,  unless  all  the  outside  walls  and  party  walls 
thereof  shall  be  built  of  brick,  stone,  iron  or  other  fire-proof 
material,  under  a penalty  to  the  owner  or  builder  of  such 
building  of  not  less  than  twenty-five  dollars  nor  more  than 
two  hundred  dollars  for  each  offense,  and  a further  penalty 
of  twenty-five  dollars  for  every  day,  after  the  first  conviction, 
that  such  offense  may  be  continued. 


THE  CITY  OF  SPKINGFIELD. 


243 


377.  All  outside,  end  and  party  walls  of  any  brick,  stone, 
iron  or  other  fire-proof  building,  hereafter  erected  within  said 
fire  limits,  shall  extend  above  the  roof  of  such  building  at 
least  ten  inches,  and  the  sheeting  of  the  roof  shall  not  extend 
across  the  fire  wall  of  any  such  building.  All  wooden  joists 
or  timbers  placed  in  the  outside  or  party  walls  of  any  such 
Wlding  shall  be  separated  from  each  other  at  least  four 
inches,  by  brick  or  stone  well  laid  in  mortar ; and  all  wooden 
lintels,  door  or  window  frames,  placed  in  the  front,  rear  or 
side  walls  thereof,  shall  recede  from  the  outside  of  the  wall 
at  least  four  inches,  or,  when  they  do  not  so  recede,  shall 
be  covered  with  fire-proof  material. 

378.  All  roofs  and  gutters  hereafter  placed  upon  any 
brick,  stone  or  other  fire-proof  building  now  erected,  or  which 
may  hereafter  be  erected,  within  the  fire  limits,  shall  be  cov- 
ered on  the  outside  surface  with  tin,  zinc,  iron,  slate  or  other 
fire-proof  material,  and  all  cornices  attached  to  any  such 
building  shall  be  of  zinc  or  galvanized  iron,  or,  if  of  wood, 
shall  be  covered  with  fire-proof  material,  and  shall  be  separ- 
ated from  the  wooden  cornices  or  other  wooden  part  of  any 
adjoining  building,  by  a brick,  stone  or  iron  partition  at  least 
four  inches  thick;  and  none  of  the  outer  timbers  or  wood 
work  of  any  such  building  shall  be  connected  with  any  of 
the  interior  timbers  or  wood  work  thereof.  Whoever  violates 
or  fails  to  comply  with  any  of  the  above  provisions  of  this 
section,  or  of  the  next  preceding  section  hereof,  shall  forfeit 
and  pay  a fine  of  not  less  than  twenty  dollars  nor  more  than 
one  hundred  dollars,  for  each  and  every  offense. 

379.  No  wooden  building,  or  part  of  any  wooden  build- 
ing, shall  be  erected,  constructed,  raised  or  enlarged,  within 
the  fire  limits  of  said  city;  nor  shall  any  wooden  building 
or  part  thereof  be  removed  from  one  place  to  another  within 
said  fire  limits,  nor  be  brought  from  without  the  fire  limits 
into  the  same : Provided,  that  sheds,  with  one  or  more  of  the 
sides  open,  not  exceeding  twelve  feet  in  height  at  the  highest 
part  thereof,  and  privies  not  exceeding  six  feet  square  and 
ten  feet  in  height,  may  be  constructed  of  wood ; and,  pro- 
vided, further,  that  buildings  built  of  wood,  and  used  exclu- 
sively for  private  dwelling  houses,  may  be  repaired,  and  the 
roofs  thereof  re-covered  with  shingles  or  boards,  but  they  shall 
not  be  raised  or  enlarged.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  subject  to  a fine  of  not 
less  than  twenty  dollars  nor  more  than  two  hundred  dollars 
for  each  offense,  and  to  a further  fine  of  twenty  dollars  for 
every  day,  after  the  first  conviction,  that  such  person  shall 
continue  any  such  violation. 


244 


GENERAL  ORDINANCES  OF 


380.  No  wooden  building,  within  the  fire  limits,  which 
may  become  damaged  to  the  extent  of  fifty  per  centum  of 
the  value  thereof  by  fire,  decay  or  otherwise,  shall  be  re- 
paired or  rebuilt;  nor  shall  any  such  building,  when  the 
damage  thereto  is  less  than  fifty  per  cent,  of  the  value 
thereof,  be  so  repaired  or  rebuilt  as  to  be  raised  hfgher  than 
the  highest  part  left  standing  after  such  damage  shall  have 
occurred,  or  so  as  to  be  in  a better  state  of  repair,  or  to 
occupy  a greater  space  than  before  the  injury  thereto.  The 
extent  of  the  damage  that  may  be  done  to  any  such  build- 
ing, by  fire  or  other  casualty,  may  be  determined  by  three 
disinterested  persons,  residents  of  said  city,  one  of  whom 
shall  be  selected  by  the  owner  or  agent  of  the  building,  the 
second  by  the  fire  marshal  or  chairman  of  the  committee 
on  fire  and  water,  and  the  two  so  chosen  shall  select  a third. 
The  persons  so  chosen  shall  be  first  duly  sworn  to  fairly 
and  impartially  estimate  such  damage,  and  their  decision 
thereon  shall  be  final. 

381.  Any  wooden  building  or  wooden  part  of  any  build- 
ing, which  may  be  erected,  raised,  enlarged,  repaired  or  re- 
moved, or  which  may  be  in  process  of  erection,  raising, 
enlargement,  repair  or  removal,  within  said  fire  limits,  con- 
trary in  either  case  to  any  of  the  foregoing  provisions  of 
this  article,  shall  be  deemed  and  is  hereby  declared  to  be 
a nuisance ; and  the  fire  marshal,  or  the  chairman  of  the 
committee  on  fire  and  water  shall,  upon  information  of  any 
such  violation,  immediately  notify  the  owner,  agent  or  builder 
of  such  building  to  abate,  remedy  or  remove  the  same,  or 
such  part  thereof  as  may  be  deemed  necessary.  In  case  of 
failure  on  the  part  of  such  owner,  agent  or  builder  to  com- 
ply with  such  notice  within  a reasonable  time  thereafter, 
the  mayor  shall,  by  an  order  in  writing,  require  the  super- 
intendent of  police  to  tear  down  and  remove  such  building, 
or  such  part  of  the  same  as  may  be  necessary,  and  the 
superintendent  shall  execute  said  order,  and  report  the  cost 
thereof  to  the  city  council  for  allowance ; and  such  cost  and 
expense  may  be  collected  of  the  owner,  agent  or  builder  of 
such  building,  liable  therefor,  by  suit,  in  the  name  of  the 
city,  before  any  court  of  competent  jurisdiction. 

382.  No  lumber  yard  shall  hereafter  be  opened  or  estab- 
lished within  the  fire  limits  of  said  city,  under  a penalty^  to 
the  person  or  persons  offending  of  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  dollars,  and  a further 
penalty  of  twenty-five  dollars  for  every  day,  after  the  first 
conviction,  that  the  same  may  be  continued. 

383.  No  carpenter,  builder  or  other  person  shall  keep 
on  hand,  within  the  fire  limits,  for  manufacturing  or  build- 
ing purposes,  more  than  twenty  thousand  feet  of  lumber  at 


THE  CITY  OF  SPRINGFIELD. 


245 


one  time,  under  a penalty  of  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  for  each  and  every  offense. 

384.  All  persons  having  or  keeping  lumber  on  hand, 
whether  wdthin  or  without  the  fire  limits  in  said  city,  shall 
keep  the  same  stacked  or  piled  up  in  compact  piles,  and 
shall  not  permit  any  shavings,  straw  or  other  like  combusti- 
ble materials  to  be  deposited  or  scattered  around  or  near 
the  same,  under  a penalty,  in  each  case,  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars. 

385.  Every  owner  or  occupant  of  any  building  or  prem- 
ises, within  the  fire  limits,  shall  provide  and  keep,  at  the 
rear  of  such  building  or  premises,  a suitable  sheet  iron  box, 
or  other  metallic  vessel,  in  which  to  deposit  all  ashes,  and 
also  one  or  more  boxes  or  barrels  for  the  reception  of  offal, 
garbage  and  and  rubbish  that  may  be  accumulated  about 
such  premises,  so  that  the  same  shall  not  be  thrown  or  de- 
posited in  or  upon  any  improved  street  or  alley  adjacent 
thereto,  under  a penalty  of  one  dollar  for  every  day  that 
such  owner  or  occupant  shall  fail  to  comply  with  the  re- 
quirements of  this  section,  after  notice  to  do  so  by  the  street 
superintendent  or  any  police  officer  of  said  city. 

386.  It  is  hereby  made  the  duty  of  the  fire  marshal  to 
inspect  and  examine,  from  time  to  time,  all  buildings  or 
inclosures  in  process  of  erection,  construction,  alteration,  re- 
pair or  removal,  within  the  fire  limits  aforesaid,  and  to  en- 
force, or  cause  to  be  enforced,  the  provisions  of  this  article 
in  relation  thereto. 


Article  II. 

PERMITS  FOR  BUILDINGS  WITHIN  FIRE  LIMITS. 

387.  No  person  shall  hereafter  erect  any  new  building, 
nor  add  to  or  alter  any  building  already  erected,  within  the 
fire  limits  of  said  city,  without  first  obtaining  a permit 
therefor,  in  the  manner  hereinafter  prescribed : Provided, 
that  no  permit  shall  be  required  for  making  ordinary  re- 
pairs, either  external  or  internal,  which  do  not  increase  the 
size  of  such  building  or  alter  its  condition  as  a fire  risk. 

388.  Any  person  desiring  to  erect  such  new  building  or 
addition,  or  to  alter  or  change  such  existing  building,  shall 
file  with  the  city  clerk  an  application,  in  writing,  addressed 
to  the  mayor,  stating  the  dimensions  of  such  proposed  build- 
ing or  addition ; or  if  alteration,  the  nature  and  extent 
thereof,  the  lot,  block  and  locality  where  such  building  is, 
or  is  to  be,  located,  the  general  plan  of  construction,  the 


246 


GENERAL  ORDINANCES  OF 


materials  to  be  used  therein,  and  the  purpose  for  which  such 
building  is  to  be  used.  If  the  mayor  shall  find,  upon  ex- 
amination, that  the  proposed  building,  addition  or  alteration 
conforms  to  the  ordinances  in  force  at  the  time,  he  shall 
indorse  his  approval  upon  such  application,  and  the  clerk 
shall  thereupon  issue  a permit  to  said  applicant  under  the 
corporate  seal,  upon  his  giving  bond  as  hereinafter  provided. 

389.  Before  any  permit  shall  be  issued  as  aforesaid,  the 
applicant  therefor  shall  execute  and  file  with  the  city  clerk, 
a bond  to  the  city  of  Springfield,  in  such  reasonable  sum 
as  may  be  fixed  by  the  mayor,  with  at  least  two  good 
sureties,  to  be  approved  by  him,  conditioned  that  said  ap- 
plicant will  pay  any  and  all  damages  that  may  be  recovered 
against  the  city  by  any  person  or  persons  on  account  of  any 
injuries  to  person  or  property,  occasioned  by  or  in  any  man- 
ner resulting  from  the  occupancy  or  disturbance  of  any  street, 
alley  or  sidewalk  in  said  city,  for  the  purpose  of  or  in  con- 
nection with  the  erection  of  such  building,  addition  or  alter- 
ation, by  the  person  engaged  therein,  or^by  any  person  or 
persons  in  his  employ,  and  also  to  save  and  keep  the  said 
city  free  from  all  such  damages  and  costs  as  may  be  in- 
curred in  defending  against  such  claims. 

390.  Any  proprietor,  contractor  or  other  person,  who 
shall  own,  build,  or  aid  in  the  erection  of  any  building  or 
part  of  building,  or  in  the  alteration  of  any  building,  within 
said  fire  limits,  without  having  procured  a permit  therefor 
and  given  bond,  as  provided  in  the  foregoing  sections  of 
this  article,  shall,  upon  conviction,  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense,  and  bo  subject  to  a further  fine  of  ten  dollars  for 
every  day  he  or  they  shall  fail  to  comply  with  the  require- 
ments of  this  article,  or  shall  continue  in  violation  thereof. 

Article  III. 

OTHER  PROVISIONS  RELATING  TO  BUILDINGS — FIRE  ESCAPES. 

391.  The  owner  of  any  building  within  ttib  city  of  Spring- 
field,  which  exceeds  one  story  in  height  and  is  not  covered 
with  fire-proof  material,  shall  cause  a suitable  scuttle  or 
opening  to  be  constructed  in  the  roof  thereof,  with  convenient 
stairs  leading  thereto,  or  shall  keep  on  the  premises  a ladder 
of  sufficient  length  to  reach  the  roof  of  such  building,  or 
provide  some  other  convenient  means  of  access  to  the  same 
in  case  of  fire,  under  a penalty  of  five  dollars  for  each 
offense,  and  a further  penalty  of  one  dollar  for  every  day, 
after  the  first  conviction,  that  he  shall  fail  or  refuse  to  com- 
ply with  the  requirements  of  this  section. 


THE  CITY  OF  SPRINGFIELD. 


247 


392.  All  chimneys  or  flues  in  and  about  any  building  or 
manufactory  shall  be  built  up  from  the  ground,  and  smoothly 
plastered  on  the  inside  thereof  with  good  mortar  or  cement, 
and  shall  be  so  constructed  as  to  settle  with  the  rest  of  the 
building,  and  not  be  liable  to  crack  or  separate  with  the 
settling  thereof.  The  holes  for  the  insertion  of  stove-pipes 
shall  be  made  with  an  iron,  stone  or  earthenware  thimble 
or  casing  inserted  in  the  chimney  or  flue ; and  when  the 
chimney  or  flue  shall  be  used,  the  holes,  unless  also  in  use, 
shall  be  securely  stopped  with  a tin,  zinc  or  iron  stopper, 
having  a flange  of  at  least  one  inch  on  the  outside  of  the 
flue.  Whoever  shall  erect,  build  or  use  any  chimney  or  flue 
contrary  to  any  requirement  of  this  section,  shall,  on  convic- 
tion, be  fined  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars  for  each  offense,  and  be  subject  to  a 
further  fine  of  two  dollars  for  every  day  thereafter  that  he 
shall  fail  or  refuse  to  comply  with  the  requirements  hereof. 

393.  All  stove-pipes  used  in  any  building,  in  said  city, 
shall  be  put  up  securely,  and  shall  lead  to  and  be  closely 
fitted  in  a brick  or  stone  chimney  or  flue.  If  any  stove-pipe 
shall  lead  otherwise  than  into  such  chimney  or  flue,  it  shall 
be  separated  at  least  three  inches  from  any  wood  or  other 
combustible  material,  by  a double  circle  of  tin,  zinc  or  sheet- 
iron,  connected  with  like  metal,  with  holes  through  the  con- 
necting metal  between  the  pipe  and  wood,  or  shall  be  other- 
wise protected  from  danger  by  fire.  All  stoves,  set  up  and 
used  without  secure  aprons  or  hearths,  shall  be  placed  upon 
a platform  of  brick,  zinc  or  other  incombustible  material, 
extending  out  from  the  stove  far  enough  to  prevent  the  fire 
from  falling  upon  the  floor,  and  if  set  within  twelve  inches 
of  the  wood-work  of  any  wall,  the  wall  shall  be  protected 
by  a tin,  zinc,  or  other  incombustible  covering.  Any  person 
who  shall  put  up  or  use  any  stove  or  stove-pipe,  contrary 
to  the  provisions  of  this  section,  shall  be  subject  to  a pen- 
alty of  not  less  than  three  dollars  nor  more  than  ten  dollars 
for  each  offense,  and  to  a further  penalty  of  one  dollar  for 
every  day,  after  the  first  conviction,  that  he  shall  fail  to 
comply  with  the  requirements  hereof. 

394.  All  mechanics,  carpenters  or  other  persons,  using 
or  occupying  shops  or  buildings  within  the  city,  where  shav- 
ings or  other  like  combustible  materials  are  made  or  accum- 
ulated, shall  clear  out  and  remove  such  combustible  materials 
from  their  shops  or  buildings,  and  the  premises  adjacent 
thereto,  as  often  as  may  be  necessary  to  prevent  the  dan- 
gerous accumulation  thereof.  The  stove  used  in  any  such 
shop  or  building  shall  be  set  in  a box  or  frame,  extending 
at  least  six  inches  above  the  floor,  and  at  least  ten  inches 
around  and  outside  of  the  stove,  and  filled  or  lined  with 


248 


GENERAL  ORDINANCES  OF 


fire-proof  material.  The  pipe  of  such  stove  shall  be  carefully 
put  up  in  the  manner  hereinbefore  described ; and  all  lighted 
candles  or  lamps,  used  in  any  such  shops  or  buildings,  shall 
be  set  in  suitable  stands,  and  kept  at  a secure  distance 
from  any  combustible  material.  Whoever  shall  fail  to  com- 
ply with,  or  shall  violate  any  provision  of  this  section,  shall, 
for  each  offense,  be  subject  to  a penalty  of  not  less  than 
three  dollars  nor  more  than  twenty-five  dollars. 

395.  The  fire  marshal  is  hereby  anthorized  and  required, 
from  time  to  time,  to  enter  and  inspect  all  buildings  within 
said  city,  and  examine  whether  they  are  in  safe  condition ; 
and  whenever  requested  by  the  owner  or  occupant  of  any 
building  or  premises,  he  shall  carefully  inspect  the  same,  or 
any  contiguous  building  or  inclosure,  and  shall  notify  and 
require  the  owner  or  occupant  thereof,  liable  therefor,  to 
cause  any  chimney-flue,  furnace,  stove,  stove-pipe,  ash-house, 
or  other  place  in  which  fire  may  be  kept  or  used,  which 
may  be  deemed  unsafe  or  dangerous  in  causing  or  promoting 
fires,  to  be  without  delay  removed,  abated  or  put  in  safe 
condition ; and  upon  the  neglect  or  refusal  of  such  owner  or 
occupant  to  comply  with  such  notice,  he  shall  be  subject  to 
a penalty  of  not  less  fhan  three  dollars  nor  more  than  fifty 
dollars,  and  each  day  of  such  neglect  or  refusal  shall  con- 
stitute a separate  offense.  And  said  fire  marshal  shall, 
without  delay,  cause  such  building  or  premises  to  be  put  in 
safe  condition;  and  the  necessary  cost  and  expense  thereof 
shall  be  collected  of  such  owner  or  occupant,  liable  therefor, 
and  recovered  by  suit  in  the  name  of  the  corporation,  before 
any  court  having  jurisdiction. 

396.  All  buildings  now  erected,  or  which  may  hereafter 
be  erected,  within  the  city  of  Springfield,  except  such  as  are 
or  may  be  used  exclusively  for  private  residences,  of  three 
or  more  stories  in  height,  shall  be  furnished  with  metallic 
ladders,  or  metallic  fire-escapes,  or  other  similar  device,  for 
protection  against  fires,  extending  from  the  first  story  to  the 
upper  stories  and  roof  of  such  building,  and  on  the  outer 
walls  thereof,  in  such  numbers  and  location,  and  of  such 
material  and  construction,  as  the  mayor,  fire  marshal,  chair- 
man of  the  committee  on  fire  and  water,  and  chairman  of 
the  committee  on  public  grounds  and  buildings,  or  a majority 
of  them  may,  from  time  to  time,  elect  and  determine. 

397.  After  such  election  and  determination  shall  have 
been  made  as  aforesaid,  it  shall  be  the  duty  of  the  superin- 
tendent of  police  of  said  city,  by  notice  in  writing,  served 
personally,  or  by  copy  left  at  their  residence  or  place  of  busi- 
ness, to  notify  and  require  the  owner  or  owners,  agent  or 
essee,  of  any  such  building,  or  any  of  them,  to  cause  such 


THE  CITY  OF  SPRINGFIELD. 


249 


metallic  ladder  or  other  fire-escape  (to  be  described  in  the 
notice)  to  be  placed  upon  such  building  within  thirty  days 
from  the  service  of  such  notice : Provided,  that  all  build- 
ings of  more  than  two  stories  in  height,  used  for  manufac- 
turing purposes,  shall  have  one  fire-escape  for  every  twenty- 
five  persons,  or  less  number,  employed  above  the  second 
story  thereof. 

398.  In  case  such  owner,  agent  or  lessee,  or  any  of  them 
liable  thereto,  shall  not,  within  thirty  days  after  being  served 
with  notice  as  aforesaid,  place,  or  cause  to  be  placed  and 
kept,  such  metallic  ladder  or  other  fire-escape  upon  such 
building,  as  required  by  the  provisions  of  this  article  and 
the  terms  of  said  notice,  he  or  they  shall  be  subject  to  a 
fine  of  not  less  than  ten  dollars  nor  more  than  two  hundred 
dollars,  and  to  a like  additional  fine  for  each  week,  after  the 
first  conviction,  that  he  or  they  shall  neglect  or  refuse  to 
comply  with  said  notice. 


250 


GENERAL  ORDINANCES  OF 


CHAPTER  XV. 

FIRES,  FIRE-WORKS  AND  GUNPOWDER. 

Akticle  I— Fires  and  Fire-works. 

/ ■ II.— Gunpowder  and  Other  Explosives. 

Article  I. 


FIRES  AND  FIRE-WORKS. 

399.  Whoever  shall,  without  reasonable  cause,  by  out- 
cry or  otherwise,  make  or  circulate  any  false  alarm  of  fire 
within  the  city  of  Springfield,  shall  be  subject  to  a penalty 
of  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars. 

400.  No  person  shall  carry  any  live  coals  or  fire  from 
one  place  to  another  within  said  city,  without  securing  the 
same  in  some  close  pan  or  vessel,  so  as  to  prevent  the  coals 
or  sparks  flying  therefrom,  or  so  as  not  to  endanger  any 
building  or  property  thereby,  under  a penalty  of  not  exceed- 
ing five  dollars  for  each  offense. 

401.  No  person  shall  carry  or  use  any  lighted  candle, 
lamp,  or  burning  light  of  any  kind,  in  any  barn  or  stable 
within  the  city  limits,  where  any  hay,  straw,  or  other  like 
combustible  materials,  are  kept  or  stored,  unless  such  light 
be  enclosed  in  a lantern  or  other  secure  casing,  so  as  to 
prevent  the  taking  fire  therefrom,  under  a penalty  of  not 
less  than  three  dollars  nor  more  than  twenty-five  dollars  for 
each  offense. 

402.  Whoever  shall  throw,  place  or  leave  any  live  coals 
or  fire,  or  make  or  kindle  any  fire,  upon  any  wooden  paved 
street  or  alley,  or  upon  any  planked  sidewalk  or  street  cross- 
ing, shall  be  liable  to  a fine  of  not  less  than  three  dollars 
nor  more  than  fifty  dollars  for  each  offense,  and  shall  also 
be  liable  to  the  city,  in  a separate  suit,  for  any  damage  or 
injury  caused  thereby. 


THE  CITY  OF  SPRINGFIELD. 


251 


403.  Whoever  shall,  in  said  city,  willfully  or  negligently 
make,  use,  or  leave  any  fire,  or  shall  deposit  or  leave  any 
ashes,  or  other  combustible  or  inflammable  material,  liquid 
or  substance,  or  shall  use  or  leave  any  lighted  candle,  lamp, 
gas  or  electric  light,  at  such  time  or  in  such  manner  as  to 
endanger  any  building  or  other  property,  or  so  as  to  cause 
any  damage  or  injury  to  any  building  or  other  property, 
shall  be  subject  to  a penalty  of  not  less  than  three  dollars 
nor  more  than  one  hundred  dollars  in  each  case. 

404.  No  person  shall  make,  kindle  or  use  any  fire  in 
any  shed,  or  in  any  building  not  fire-proof,  except  in  a se- 
cure fire-place  or  furnace,  built  for  that  purpose ; nor  shall 
make,  kindle,  or  use  any  outdoor  fire,  when  necessary  for 
outdoor  work,  within  twenty  feet  of  any  building  or  other 
property  likely  to  be  endangered  thereby,  unless  in  a secure 
furnace  made  for  that  purpose ; nor  shalJ  leave  any  such 
outdoor  fire  burning  after  ceasing  to  use  the  same,  under  a 
penalty,  in  each  case,  of  not  less  than  three  dollars  nor 
more  than  fifty  dollars. 

405.  No  person  shall  set  fire  to,  or  burn  out,  any  chim- 
ney or  flue,  except  in  the  daytime,  and  when  it  may  be 
raining,  or  when  the  roof  of  the  house  may  be  wet  or  cov- 
ered with  snow,  under  a penalty  of  three  dollars  for  each 
offense ; and  the  person  or  persons  occupying  any  building 
shall  cause  all  chimneys,  flues  and  stove-pipes  used  therein 
to  be  cleaned,  swept  or  burned  out  at  least  once  during  each 
year,  and  as  much  oftener  as  may  be  necessary  to  prevent 
the  dangerous  accumulation  of  soot,  under  a penalty  of  not 
exceeding  three  dollars  for  each  offense. 

406.  No  person  shall  boil  any  pitch,  resin,  coal  tar,  or 
other  inflammable  liquid  or  substance,  except  in  a fire-proof 
building,  or  in  some  open  place  at  least  thirty  feet  distant 
from  any  building  or  other  property  likely  to  be  endangered 
or  injured  thereby,  under  a penalty  of  three  dollars  for  each 
offense. 

407.  No  person,  unless  it  may  be  raining  at  the  time, 
or  the  air  be  still,  shall  set  fire  to  or  burn  any  shavings, 
straw,  or  other  combustible  materials,  in  any  open  or  pub- 
lic place  within  the  city ; nor  shall  any  person,  at  any  time, 
set  fire  to  or  burn  any  such  combustible  materials  within 
thirty  feet  of  any  building  or  other  property  likely  to  be  en- 
dangered or  damaged  thereby,  under  a penalty,  in  either 
case,  of  not  less  than  three  dollars  nor  more  than  ten  dol- 
lars. 

408.  No  person  shall  strew,  trail  or  leave  any  shavings, 
straw,  or  other  like  combustible  materials,  in,  around  or 


252 


GENERAL  ORDINANCES  OF 


near  any  building  or  other  property,  so  as  to  endanger,  or 
be  likely  to  endanger,  or  damage  the  same  in  case  of  fire, 
under  a penalty  of  not  exceeding  three  dollars  for  each 
offense. 

409.  No  person  shall  stack  or  deposit  any  hay,  straw, 
or  other  like  combustible  materials,  within  eighty  feet  of 
any  dwelling  house,  or  other  building  in  which  fire  may  be 
kept,  without  the  same  being  so  covered  or  enclosed  as  to 
be  protected  from  sparks  of  fire,  under  a penalty  of  three 
dollars,  and  a further  penalty  of  one  dollar  for  each  day  the 
same  may  remain,  after  notice  by  the  fire  marshal  or  any 
police  officer. 

410.  No  person  shall  keep  or  deposit  any  ashes  in  any 
building,  or  in  any  place  within  ten  feet  df  any  building, 
shed,  fence,  or  other  combustible  property,  unless  within  a 
secure  and  covered  metallic,  earthenware,  or  other  fire-proof 
vessel,  or  in  a fire-proof  ash-house,  under  a penalty  of  not  ex- 
ceeding three  dollars ; and  all  soap-makers,  and  other  persons 
using  ashes  for  manufacturing  purposes,  in  any  wooden  ash- 
house  or  other  wooden  structure,  shall  keep  the  same  well 
dampened  or  saturated  with  water,  under  a penalty  of  three 
dollars. 

411.  Whoever  shall,  within  the  corporate  limits  of  the 
city,  fire  or  discharge  any  cannon,  gun,  pistol  or  other  fire- 
arm, shall  be  subject  to  a penalty  of  not  less  than  three 
dollars  nor  more  than  twenty-five  dollars  for  each  offense : 
Provided,  that  the  discharge  of  fire  arms  by  the  members  of 
any  military  company,  when  on  parade,  and  in  accordance 
with  the  command  of  their  commanding  officer,  or  by  any 
officer  or  other  person  in  the  performance  ol  any  legal  duty 
or  lawful  act,  when  the  same  may  be  done  without  endanger- 
ing the  safety  of  any  person,  or  the  injuring  of  any  property, 
shall  not  be  deemed  violations  hereof. 

412.  Whoever  shall  set  oft,  fire  or  explode  any  toy- 
pistol,  torpedo,  fire-cracker,  roman-candle,  sky-rocket  or 
other  fire-works,  or  shall  make  or  kindle  any  bonfire  within 
said  city,  shall  incur  a penalty  of  not  less  than  one  dollar 
nor  more  than  five  dollars  for  each  and  every  such  offense : 
Provided,  that  the  setting  off  or  exploding  of  fire-works,  or 
the  making  or  kindling  of  bonfires,  on  the  fourth  day  of 
July  in  any  year,  shall  not  be  deemed  violations  of  this 
section. 

413.  It  is  hereby  made  the  duty  of  the  several  members 
of  the  police  force  to  see  that  the  provisions  of  this  article 
are  strictly  enforced. 


THE  CITY  OF  SPRINGFIELD. 


253 


Article  II. 

GUNPOWDER  AND  OTHER  EIIPLOSITE  MATERIALS. 

414.  No  person  shall,  within  the  city  of  Springfield,  keep, 
sell  or  give  away  gunpowder,  or  other  like  explosive  material, 
in  any  quantity,  without  a permit  therefor  from  the  city 
council,  signed  by  the  mayor  and  clerk,  and  sealed  with  the 
corporate  seal,  under  a penalty  of  twenty-five  dollars  for 
each  offense : Provided,  that  any  person  may  keep  gun- 
powder for  his  own  use,  in  any  quantity  not  exceeding  two 
pounds  at  one  time. 

415.  No  person  to  whom  any  permit  may  be  granted  to 
keep  or  sell  gunpowder,  or  other  like  explosive  substance, 
shall  deposit  or  keep  in  store  exceeding  fifty  pounds  of  gun- 
powder within  the  city,  unless  the  same  shall  be  kept  in  a 
secure,  fire-proof  powder-house  or  magazine,  built  for  that 
purpose,  and  located  at  least  three  hundred  feet  from  any 
other  occupied  building;  nor  shall  such  person,  at  his  place 
of  business,  or  elsewhere  in  the  city,  keep  on  hand  at  any 
one  time,  for  sale  or  delivery,  exceeding  fifty  pounds  of  gun- 
powder, which  shall  be  kept  in  tin  or  other  metallic  canis- 
ters or  cases,  stored  in  a part  of  the  building  remote  from 
any  fire,  lamp  or  gas  light,  and  where  it  can  be  easily 
removed  in  case  of  fire.  Whoever  shall  violate  any  of  the 
provisions  of  this  section  shall  be  subject  to  a penalty,  in 
each  case,  of  not  less  than  ten  dollars  nor  more  than  fifty 
dollars. 

416.  Each  person  or  firm  to  whom  a permit  may  be 
granted,  shall  keep  a sign,  with  the  words  “Gunpowder  for 
Sale,”  in  plain,  legible  letters  thereon,  in  some  conspicuous 
part  of  the  front  of  the  building  occupied  by  him,  under  a 
penalty  of  not  more  than  three  dollars  for  each  week  he 
shall  neglect  or  fail  so  to  do. 

417.  No  person  shall  sell  or  deliver  any  gunpowder,  gun- 
cotton, camphene,  or  other  like  explosive  substance  or  com- 
pound, by  any  fire,  candle,  lamp,  gas  or  other  light,  unless 
in  sealed  cans,  canisters  or  cases,  under  a penalty  of  three 
dollars  for  each  offense. 

418.  No  person  shall  carry  or  convey  any  gunpowder  or 
other  like  explosive  substance,  in  or  through  any  street, 
avenue,  alley  or  other  public  place,  in  a careless  or  negli- 
gent manner,  or  in  any  quantity  exceeding  two  pounds, 
except  the  same  be  inclosed  in  secure  canisters,  cases  or 
kegs ; nor  shall  remain  with  the  same  in  any  street,  alley 


254 


GENERAL  ORDINANCES  OF 


or  other  public  place,  longer  than  may  be  necessary  for  the 
carrying  or  transportation  thereof  from  one  place  to  another, 
under  a penalty  of  five  dollars  in  each  case. 

419.  Whoever  shall  bring  or  cause  to  be  brought  into 
the  city,  any  gunpowder,  or  other  like  explosive  powder  or 
substance,  concealed  in  any  box,  barrel  or  package,  or  any 
package  or  case  containing  gunpowder  and  marked  or  pur- 
porting to  be  other  than  gunpowder,  shall  be  subject  to  a 
penalty  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

420.  Any  person  keeping  gunpowder  or  other  like  explo- 
sive material  in  any  building  within  the  city,  shall,  in  the 
event  of  such  building  taking  fire,  or  being  in  danger  of 
taking  fire  from  any  other  building  adjacent  thereto,  imme- 
diately cause  said  gundowder  or  other  explosive  material  to 
be  removed  therefrom,  or,  in  case  of  his  not  being  able  to 
remove  the  same,  he  shall  forthwith  notify  the  fire  marshal 
or  other  officer  in  command  at  such  fire,  of  the  location  and 
'quantity  thereof;  and  for  any  neglect  or  failure  to  comply 
with  the  requirements  of  this  section,  such  person  shall  be 
liable  to  a tine  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars. 


THE  CITY  OF  SPRINGFIELD.  ' 


255 


CHAPTER  XVI. 

LICENSES. 


Article  I.  Provisions  Respecting  Licenses  in  General. 

II.  Application  for— How  issued— Payment— Form  of,  etc. 


Article  I. 

PROVISIONS  RESPECTING  LICENSES  IN  GENERAL — FEES  IN  EACH 
CASE — WHEN  PAYABLE — PENALTY. 

Sec.  421.  It  shall  be  unlawful  for  any  person  to  be  en- 
gaged in  or  carry  on  any  business,  occupation  or  pursuit, 
hereinafter  mentioned  in  this  article,  within  the  limits  of  the 
city  of  Springfield,  without  having  first  obtained  a license 
therefor  in  the  manner  hereinafter  provided. 

422.  Every  person  engaged  in  any  business,  occupation 
or  pursuit,  required  to  be  licensed  under  the  provisions  of 
this  ordinance,  shall  register  with  the  city  clerk  his  name, 
residence,  occupation  or  business,  and  the  place  where  the 
latter  is,  or  is  to  be  carried  on;  and  in  the  case  of  a com- 
pany or  firm,  the  names  of  the  persons  composiug  the  same 
shall  also  be  registered. 

423.  Any  number  of  persons  doing  business  in  copart- 
nership, at  any  one  place,  shall  be  required  to  pay  but  one 
license  fee  therefor:  Provided,  that  if  more  than  one  kind 
of  business  or  pursuit,  hereinafter  mentioned,  shall  be  con- 
ducted or  carried  on  by  the  same  person  or  firm  at  the  same 
time,  a separate  license  fee  shall  be  paid  for  each,  according 
to  the  rate  prescribed. 

424.  There  shall  be  taxed  and  collected  of  and  from  the 
persons  engaged  in  or  carrying  on  the  different  branches  of 
business,  occupations  or  pursuits  in  this  section  mentioned, 
respectively,  license  fees  for  each  year,  at  the  rates  follow- 
ing, to-wit : 

First — Auctioneers  shall  pay  a license  fee  of  one  hundred 
dollars. 

Second — Ball  or  pin-alley  keepers  shall  pay  ten  dollars  for 
each  alley. 


256 


GENERAL  ORDINANCES  OF 


Third — Billiard,  bagatelle,  pool,  pin-pool,  pigeon-hole,  and 
like  table  keepers  or  proprietors,  shall  pay  ten  dollars  for 
each  table : Provided,  that  for  pool  and  pigeon-hole  tables, 
where  no  money  or  other  valuable  thing  is  charged  or  re- 
ceived for  playing  thereon,  they  shall  pay  five  dollars  for 
each  table. 

Fourth — Brokers  and  money  changers  shall  pay  one  hun- 
dred dollars. 

Fifth — Brokers  of  real  estate  shall  pay  twenty-five  dollars. 

Sixth — Brewers  and  distillers  shall  each  pay  one  hundred 
dollars. 

Seventh — Local  agents  for  the  sale  of  the  goods  or  produce 
of  foreign  brewers  or  distillers  shall  each  pay  one  hundred 
dollars. 

Eighth — Draymen  and  owners  or  drivers  of  job,  express, 
transfer  or  transportation  wagons,  for  hire,  shall  pay  five 
dollars  for  each  vehicle. 

Nmth — Exhibiters  of  natural  or  artificial  curiosities,  not 
herein  otherwise  provided  for,  shall  pay  for  license  at  the 
rate  of  one  dollar  per  day. 

Tenth — Hackmen,  and  owners  or  drivers  of  hackney 
coaches  and  omnibuses,  shall  pay  five  dollars  for  each 
vehicle. 

Eleventh — Hawkers  or  peddlers  (except  farmers  and  gar- 
deners selling  the  produce  of  their  farms  or  gardens)  shall 
pay  three  dollars  for  two  weeks  or  less,  five  dollars  for  one 
month,  ten  dollars  for  six  months,  and  fifteen  dollars  for 
one  year. 

Twelfth — Horse  or  street  railway  companies  shall  pay 
fifteen  dollars  for  each  car  operated  and  run,  or  proposed  to 
be  operated  and  run,  by  every  such  company  or  corporation, 
their  agents  or  assigns,  for  the  conveyance  of  passengers 
upon  any  horse  or  street  railroad  line  within  said  city  during 
the  year. 

Thirteenth — Insurance  agents  or  brokers,  representing  cor- 
porations, companies  or  associations  not  incorporated  under 
the  laws  of  Illinois,  engaged  in  the  business  of  effecting  fire 
insurance  in  this  city,  shall  pay  to  the  city  treasurer  the 
sum  of  two  dollars  on  the  one  hundred  dollars,  and  at  that 
rate  upon  the  amount  of  all  premiums  which,  during  the 
half  year  ending  every  first  day  of  January  and  July,  shall 
have  been  received  or  agreed  to  be  paid  for  any  insurance 
effected,  or  agreed  to  be  effected,  in  said  city,  by  or  with 
any  such  corporations,  companies  or  associations : Provided, 
that  the  moneys  arising  from  such  tax  or  license  rates  shall 
be  applied  to  the  maintenance  and  support  of  the  fire  de- 
partment of  said  city. 


THE  CITY  OF  SPBINGFIELD. 


257 


Fourteenth. — Keepers  of  public  scales  shall  pay  twenty-five 
dollars. 

Fifteenth. — Keepers  of  lumber  yards  shall  pay  twenty-five 
dollars. 

Sixteenth. — Keepers  of  livery Jstables' shall  pay  twenty  dol- 
lars. 

Seventeenth. — Keepers  of  ordinaries  or  eating  houses  shall 
pay  ten  dollars. 

Eighteenth. — Keepers  of  fruit,  candy  and  pea-nut  stands, 
on  the  sidewalks,  shall  pay  fifty  dollars. 

Nineteenth. — Keepers  of  shooting  galleries,  or  places  for 
target  shooting,  shall  pay  thirty-six  dollars. 

Tioentieth.—KQQ^QYQ  of  second-hand  stores  shall  pay  ten 
dollars. 

Ttventy -first. — Keepers  of  junk  shops  shall  pay  thirty  dol- 
lars. 

Twenty-second. — Porters  or  runners  shall  pay  ten  dollars. 

Twenty-third. — Pawnbrokers  shall  pay  fifty  dollars. 

Twenty-fourth. — Eetailers  of  liquors,  or  keepers  of  dram- 
shops shall  pay  the  sum  of  five  hundred  dollars  per  annum, 
or  at  that  rate,  for  a license  to  sell  liquors  in  quantities  less 
than  one  gallon. 

Twenty-fifth. — Wholesale  dealers  in  liquors  shall  pay  the 
sum  of  fifty  dollars  per  annum  for  a license  to  sell  liquors 
in  quantities  not  less  than  one  gallon. 

Twenty -sixth — Vendors  of  fresh  meats,  excepting  poultry, 
fish,  venison  or  wild  game,  shall  pay  twenty-five  dollars  for 
each  meat  shop. 

Twenty -seventh. — Vendors  or  peddlers  of  milk,  from  wagons, 
shall  pay  five  dollars  for  each  vehicle. 

Tiventy- eighth. — Proprietors  or  managers  of  circuses  and 
menageries,  or  other  like  shows,  shall  pay  fifty  dollars  for 
each  exhibition.  Sideshows,  with  any  circus  or  menagerie, 
shall  each  pay  five  dollars  for  each  exhibition. 

Twenty-nmth. — Proprietors  or  managers  of  theatres,  operas, 
minstrels,  concerts,  dramatic  readings,  lectures,  panoramas, 
tableaux,  and  other  such  shows  or  amusements,  not  other- 
wise provided  for,  shall  pay  for  license  at  the  rates  follow- 
ing: 

When  the  admission  price  to  any  of  said  shows  or  amuse- 
ments is  twenty-five  cents  or  less,  they  shall  pay  two  dol- 
lars for  the  first  exhibition,  and  one  dollar  for  each  exhibi- 
tion thereafter ; when  the  admission  price  is  more  than 
twenty-five  cents,  and  not  exceeding  fifty  cents,  they  shall 
pay  four  dollars  for  the  first  exhibition,  and  two  dollars  for 
each  exhibition  thereafter;  when  the  admission  price  is  sev- 
—17 


258 


GENERAL  ORDINANCES  OF 


enty-five  cents,  they  shall  pay  six  dollars  for  the  first  exhi- 
bition, and  three  dollars  for  each  exhibition  thereafter ; when 
the  admission  price  is  one  dollar,  they  shall  pay  eight  dol- 
lars for  the  first  exhibition,  and  five  dollars  for  each  exhi- 
bition thereafter ; when  the  admission  price  is  one  dollar  and 
fifty  cents,  they  shall  pay  fifteen  dollars  for  the  first  exhi- 
bition, and  ten  dollars  for  each  exhibition  thereafter;  and 
when  the  admission  price  is  over  one  dollar  and  fifty  cents, 
they  shall  pay  twenty  dollars  for  each  exhibition : 

Provided,  that  proprietors  or  lessees  of  opera  houses  or 
theatres  may  pay  a license  fee  of  one  hundred  and  fifty  dol- 
lars per  annum,  in  lieu  of  all  separate  license  fees  for  shows 
or  amusements  given  in  such  opera  house  or  theatre  during 
the  period  of  such  license : And  provided,  further,  that  no 
license  fee  shall  be  taxed  or  collected  for  any  such  show  or 
entertainment  given  by  societies  or  citizens  of  said  city,  or 
by  other  persons,  exclusively  for  charitable  or  benevolent 
purposes. 

425.  All  license  fees,  unless  otherwise  -provided  by  ordi* 
nance,  shall  become  due  and  payable  on  the  first  day  of 
January  in  each  and  every,  year,  or  on  commencing  any 
business  or  occupation  upon  which  such  license  fee  is  im- 
posed by  ordinance.  In  the  former  case,  the  license  fee  shall 
be  reckoned  for  one  entire  year;  and  in  the  latter  case  it 
shall  be  reckoned  proportionately  from  the  first  day  of  the 
month  in  which  the  liability  to  a license  commenced,  till  the 
first  day  of  January  next  following.  And  for  all  purposes 
connected  with  the  issue  and  expiration  of  any  class  or  kind 
of  licenses  required  by  any  ordinance  of  the  city,  it  is  hereby 
provided  that  the  “municipal  year”  of  the  city  of  Springfield 
shall  begin  on  the  first  day  of  January  in  each  year,  begin- 
ning January  1st,  1884. 

426.  Whoever  shall  engage  in,  or  carry  on,  any  business, 
occupation  or  pursuit,  required  to  be  licensed  under  the  pro- 
visions of  this  article,  or  by  any  ordinance  of  the  city, 
without  having  obtained  such  license,  shall,  where  no  other 
penalty  is  provided,  be  subject  to  a fine  of  not  less  than  five 
dollars  nor  more  than  two  hundred  dollars,  and  to  a like 
further  fine  for  each  day,  after  the  first  conviction,  that  he 
shall  continue  any  such  business  or  occupation  without  being 
licensed. 


Article  II. 

APPLICATION  FOR  LICENSE — HOW  ISSUED — PAYMENT — FORM — BOND,. 
WHEN  REQUIRED — TRANSFER,  ETC. 

427.  Any  person  desiring  a license  for  any  purpose,  under 
the  ordinances  of  said  city,  shall  make  a written  application 


THE  CITY  OF  SPRINGFIELD. 


259 


therefor  to  the  mayor,  stating  his  name,  th'e  purpose  for 
which  the  license  is  desired,  for  what  length  of  time,  and 
the  place  where  his  business  or  occupation  is  to  be  carried 
on ; and  when  a bond  is  required  to  be  filed  before  being 
licensed,  he  shall  name  his  proposed  sureties  on  the  bond  in 
his  application.  If  the  mayor  shall  grant  the  application, 
he  shall  so  indorse  the  same,  together  with  the  amount  of 
the  license  fee  fixed  by  ordinance  in  the  case.  Upon  the 
filing  of  the  application  so  indorsed  with  the  city  clerk,  and 
the  presentation  to  him  of  a receipt  from  the  city  treasurer, 
showing  payment  of  the  sum  so  specified  and  required,  and 
upon  tiling  the  proper  bond,  approved  by  the  mayor,  the 
city  clerk  shall  issue  to  the  applicant  a license  for  the  pur- 
pose and  time  therein  specified. 

•428.  Licenses  may  be  issued,  as  nearly  as  may  be,  in 
the  following  form: 

To  all  to  lohom  these  presents  shall  come— Greeting: 

Know  Ye,  That having  made  application  in  due  form  [filed 

bond),  paid  into  the  city  treasury  the  sum  of dollars,  and  in  all  other 

respects  complied  with  the  ordinances  of  the  city  in  this  behalf,  therefore, 
I, mayor  of  the  city  of  Springfield,  for  and  on  behalf  of  the  peo- 
ple of  said  city,  do  hereby  authorize,  empower  and  license  the  said 

[Here  set  forth  the  business  or  purpose  of  the  license,!  at 

for from 

Nevertheless,  this  license  is  granted  upon  this  express  condition,  that  the 

said shall  observe  and  obey  all  ordinances  of  said  city  which 

now  are,  or  may  be  in  force,  regulating  or  relating  to  his  said  business,  then 
this  license  shall  be  valid  for  the  period  aforesaid,  otherwise  itmay  be  annulled, 
revoked  or  forfeited,  at  the  option  of  the  mayor  and  city  council,  or  in  any 
other  manner  provided  by  ordinance. 

In  testimony  whereof,  I have  hereunto  set  my  hand,  and  caused  the  corpo- 
rate seal  of  said  city  to  be  affixed,  at  the  mayor’s  office  in  said  city  of  Spring- 

field,  this day  of A.  D.  18 

Mayor. 

Attest: City  Clerk. 

Countersigned  and  registered: 

City  Comptroller. 

429.  Bonds  shall  be  required  of  applicants  for  licenses 
in  the  cases  and  to  the  amounts  following,  to-wit : Auctioneers 
shall  give  bond  to  the  city  of  Springfield  in  the  penal  sum 
of  two  thousand  dollars ; pawnbrokers  in  the  sum  of  one 
thousand  dollars ; second-hand  and  junk  dealers  in  the  sum 
of  five  hundred  dollars  each ; scavengers  in  the  sum  of  five 
hundred  dollars ; draymen,  hackmen,  omnibus  drivers,  porters 
and  runners,  in  the  sum  of  three  hundred  dollars  each ; 
wholesale  liquor  dealers,  brewers  and  distillers,  in  the  sum 
of  one  thousand  dollars  each ; retailers  of  liquors  or  keepers 
of  dram-shops  in  the  sum  of  one  thousand  dollars  to  the 
city,  and  the  further  sum  of  three  thousand  dollars  payable 
to  the  People  of  the  State  of  Illinois. 

430.  All  such  bonds  shall  be  signed  by  at  least  two 
good  and  sufficient  sureties,  to  be  approved  by  the  mayor 
or  city  council,  and  be  conditioned  for  the  due  observance 
of  all  ordinances  of  said  city  regulating  or  relating  to  any 


260 


GENERAL  ORDINANCES  OF 


such  business  or  occupation,  which  now  are  or  may  be  in 
force  during  the  period  of  any  such  license.  Said  bonds 
shall  be  filed  with  the  city  clerk,  and  may  be  sued  upon,  at 
any  time,  in  the  name  of  the  city,  for  the  use  of  any  person 
injured  or  damaged  by  a breach  of  the  conditions  thereof. 

431.  The  mayor  shall  receive  all  applications  for  licenses, 
and  may  grant  ^ the  same  in  all  cases  upon  the  terms  and 
conditions  specified  by  ordinance.  But  if,  in  any  case,  he 
shall  decline  to  grant  an  application  for  license  for  any 
purpose,  or  for  the  transfer  of  a license,  he  shall  communi- 
cate such  application  to  the  city  council  at  the  next  ensuing 
regular  or  adjourned  meeting  thereof,  for  its  action  thereon. 

432.  No  license  shall  be  granted  for  a longer  term  than 
one  year,  and  all  licenses,  unless  otherwise  provided  by  ordi- 
nance, shall  expire  on  the  last  day  of  December  next  follow- 
ing their  issue  Every  license  shall  be  signed  by  the  mayor, 
attested  by  the  city  clerk  under  the  corporate  seal,  and 
countersigned  and  registered  by  the  city  comptroller;  and 
no  license  shall  be  valid  until  signed  and  countersigned  as 
aforesaid,  nor  shall  any  person  be  deemed  to  be  licensed 
until  the  same  shall  have  been  issued  to  him  in  due  form. 

433.  No  license  shall  be  assignable  or  transferable,  nor 
shall  any  person  be  authorized  to  do  business  or  act  under 
such  license  but  the  person  to  whom  it  is  granted,  or  at 
any  other  place  than  that  specified  therein,  without  the  con- 
sent of  the  mayor  or  city  council,  to  be  certified  thereon  by 
the  city  clerk;  nor  shall  any  license  authorize  any  person 
to  act  under  it  at  more  than  one  place  at  the  same  time, 
or  at  any  other  time  than  is  therein  specified.  Whoever 
shall  violate  any  provision  of  this  section  shall  be  deemed 
to  be  acting  without  license,  and  shall  be  subject  to  the 
same  penalty  as  is  prescribed  for  persons  doing  business 
without  license. 

434.  Any  person  or  persons  to  whom  a license  is  issued 
under  any  ordinance  of  the  city  council,  may,  with  the  per- 
mission of  the  mayor  indorsed  in  writing  thereon,  and 
attested  by  the  city  clerk,  assign  and  transfer  such  license 
to  any  other  person  or  persons ; and  the  person  or  persons 
to  whom  such  license  is  issued,  or  the  assignee  of  such 
license,  may,  with  like  permission  of  the  mayor,  surrender 
such  license,  and  have  a new  license  issued  for  the  unexpired 
term  of  the  old  one,  authorizing  the  person  or  persons  so 
surrendering  such  license  to  carry  on  the  same  business  or 
occupation  at  such  place  as  may  be  named  in  the  new 
license : Provided,  that  in  all  such  cases  the  assignee,  or 
the  party  applying  for  such  new  license,  shall  give  bond 


THE  CITY  OF  SPRINGFIELD. 


261 


with  sureties,  which  shall  conform,  as  nearly  as  may  be,  to 
the  bond  upon  which  such  assigned  or  surrendered  license 
was  issued. 

435.  All  licenses,  when  issued,  shall  be  presented  to  the 
city  comptroller,  who  shall,  without  charge,  enter  in  a book, 
to  be  kept  in  his  office  for  that  purpose,  the  name  of  each 
person  or  firm  licensed,  the  number  and  date  of  the  license, 
the  amount  paid  therefor,  and  time  of  the  expiration  of  the 
same. 

436.  All  licenses  shall  be  subject  to  the  ordinances  which 
may  be  in  force  at  the  time  of  the  issuing  thereof,  or  which 
may  be  subsequently  passed  by  the  city  council ; and  if  any 
person  so  licensed  shall  violate  any  of  the  provisions  of  any 
ordinance  regulating  or  relating  to  his  business,  he  shall  be 
liable  to  be  proceeded  against  for  any  fine  or  penalty  im- 
posed thereby,  and  his  license  may  be  revoked  in  the  dis- 
cretion of  the  mayor,  after  written  notice  given ; such  revo- 
cation to  be  reported  to  the  city  council,  and  be  subject  to 
their  approval. 

437.  Every  person  to  whom  any  license  may  be  issued, 
under  any  ordinance  of  said  city,  shall  forthwith  place  and 
keep  the  same  conspicuously  posted  in  his  office  or  place  of 
business;  and  any  person  failing  or  neglecting  to  so  place 
and  keep  his  license,  shall  incur  a penalty  of  not  less  than 
three  dollars  nor  more  than  twenty- five  dollars. 

438.  In  case  of  the  death  of  any  person  licensed  under 
any  ordinance  of  said  city,  before  the  time  limited  in  his 
license  shall  have  expired,  his  co-partner  (if  he  has  any),  or 
his  legal  representative,  may  continue  to  act  under  such 
license  for  the  unexpired  term  thereof,  subject,  however,  to 
the  conditions  imposed  upon  the  person  to  whom  the  same 
was  originally  issued. 

439.  The  city  clerk  shall  keep  a license  register,  in  which 
he  shall  enter  the  name  of  each  person  licensed,  for  what 
business  or  purpose  licensed,  the  place  of  his  business,  date 
of  the  license,  number  of  the  same,  the  amount  paid  for 
each,  and  the  time  of  the  expiration  thereof.  He  shall,  on 
the  first  Monday  in  each  month,  report  to  the  city  council, 
in  writing,  the  number  of  licenses  issued  during  the  preced- 
ing  month,  to  whom  issued,  the  amount  of  the  same,  and 
the  location  of  the  persons  licensed ; and  he  shall  annually, 
at  the  close  of  each  fiscal  year,  make  out  and  submit  to 
the  city  council  a full  and  complete  abstract  of  all  licenses 
issued  during  the  preceding  fiscal  year,  with  the  amounts 
taxed  and  collected  for  the  same. 


262 


GENERAL  ORDINANCES  OF 


440.  It  shall  be  the  duty  of  the  city  clerk,  by  notice  in 
writing,  to  notify  all  persons  whose  licenses  have  expired, 
or  who,  by  any  ordinance  of  the  city  council,  are  required  to 
procure  a license  for  their  business,  trade  or  occupation, 
and  are  acting  without  license.  Such  notice  shall  be  given 
by  the  clerk  immediately  upon  the  expiration  of  any  license, 
or  as  soon  as  the  fact  that  any  person  is  acting  without 
license  shall  come  to  his  knowledge.  The  notice  shall  be 
served  by  the  superintendent  of  police,  or  any  police  officer 
of  the  city,  and  may  be  left  at  the  residence  or  place  of 
business  of  the  person  notified. 

441.  No  license  shall  be  delivered  to  any  person  apply- 
ing therefor  until  all  fees  due  from  him  thereon  are  paid ; 
and  no  person  shall  be  considered  as  licensed,  although  his 
license  may  have  issued,  until  such  payment  and  the  actual 
delivery  of  the  same. 

442.  The  members  of  the  police  force  shall  enforce  all 
ordinances  of  said  city  in  relation  to  licenses ; arid  it  is 
hereby  made  the  duty  of  the  superintendent  of  police  to  ex- 
amine, from  time  to  time,  the  register  of  the  city  clerk,  and 
to  report  and  prosecute  all  persons  liable  thereto,  who  may 
be  acting  or  doing  business  without  license. 


THE  CITY  OF  SPRINGFIELD. 


263 


CHAPTER  XVIL 


LIQUOES  AND  LIQUOK  SELLEES. 


Akticle  I.  Retailers  of  Liquor. 

II.  Wholesale  Dealers  in  Liquors. 

III.  Permits  to  Pharmacists  for  Sale  of  Liquors. 


Article  I. 

RETAILERS  OF  LIQUORS. 

Sec.  443.  Any  person  who  shall  by  himself,  his  agent, 
clerk  or  servant  sell,  barter,  exchange,  give  away,  or  in  any 
manner  deal  in  or  dispose  of  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquors,  in  quantities  less  than  one  gal- 
lon, within  the  corporate  limits  of  the  city  of  Springfield, 
without  having  first  obtained  a license  therefor  as  hereinafter 
provided,  shall,  upon  conviction,  be  fined  not  less  than  ten 
dollars  nor  more  than  two  hundred  dollars  for  each  and 
every  otfense  : Provided,  that  registered  pharmacists  or  drug- 
gists, selling  liquors  in  quantities  less  than  one  gallon,  for 
purposes  strictly  medicinal,  mechanical,  chemical  and  sacra- 
mental, under  permits  duly  issued  by  the  city,  shall  not  be 
deemed  within  the  meaning  of  this  section. 

444.  Any  person  desiring  a license  to  sell  liquors  by 
retail,  as  aforesaid,  shall  make  application  in  writing  to  the 
mayor  therefor,  and  produce  evidence  to  satisfy  him  that 
the  applicant  is  a person  of  good  moral  character,  and  shall 
execute  and  file  with  the  city  clerk  a bond  to  the  city  of 
Springfield  in  the  penal  sum  of  one  thousand  dollars,  with 
at  least  two  good  sureties,  to  be  approved  by  the  mayor,  con- 
ditioned for  the  faithful  observance  of  all  ordinances  of  the 
city  council  now  in  force,  or  which  may  be  passed  and  in  force 
during  the  period  of  such  license,  regulating  or  relating  to 
the  sale  of  intoxicating  liquors ; and  he  shall  also  give  bond 
as  provided  in  section  five  (5),  of  chapter  forty-three  (43), 
of  the  Eevised  Statutes  of  Illinois,  of  1874,  entitled  “Dram 
Shops.”  Upon  such  applicant  complying  with  the  above 
requirements,  and  upon  his  paying  in  advance  into  the  city 


264 


GENERAL  ORDINANCES  OF 


treasury  the  sum  of  five  hundred  dollars,  or  at  that  rate  per 
annum,  he  shall  be  entitled  to  receive  a license  in  due  form 
for  the  purpose  aforesaid. 

445.  Any  license  so  issued  may  be  revoked  by  the  mayor, 
upon  written  notice  given,  whenever  it  shall  appear  to  his 
satisfaction  that  the  person  licensed  has  violated  any  of  the 
provisions  of  this  article,  or  any  ordinance  of  said  city  regu- 
lating or  relating  to  retailers  of  liquors,  or  any  condition  of 
the  bonds  aforesaid ; such  revocation  to  be  subject  to  the 
approval  of  the  city  council. 

446.  Every  person  licensed  to  sell  liquors  under  the  pro- 
visions of  this  article,  or  under  any  ordinance  of  the  city, 
shall,  immediately  on  receiving  such  license,  place  and  keep 
the  same  conspicuously  posted  in  his  office  or  place  of  busi- 
ness ; and  any  person  so  licensed  shall  fail,  neglect  or  refuse 
to  so  place  and  keep  his  license,  or  who,  not  being  licensed, 
shall  post  or  cause  or  permit  to  be  and  remain  posted  any 
paper  or  document  purporting  to  be  a license,  shall  in  either 
case  incur  a penalty  of  not  less  than  three  dollars  nor  more 
than  fifty  dollars. 

447.  No  person  licensed  to  sell  liquor  by  retail,  as  here- 
inbefore provided,  shall  employ  any  minor  as  a clerk,  bar- 
tender or  servant  in  or  about  his  saloon  or  place  of  busi- 
ness, nor  shall  in  any  way  sell,  deliver  or  give  away  any 
intoxicating,  malt,  vinous,  mixed  or  fermented  liquors  to  any 
idiot,  insane  or  intoxicated  person,  or  to  any  minor  without 
the  written  order  of  his  parent,  guardian  or  family  physi- 
cian; nor  „ shall  harbor,  entice  or  permit  any  minor,  idiot, 
insane  or  intoxicated  person  to  loiter  or  remain  in  or  about 
his  place  of  business,  under  a penalty  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  each  offense. 

448.  No  minor  nor  any  habitual  drunkard  or  intoxicated 
person  shall  loiter  or  remain  in  or  around  any  saloon,  dram 
shop,  grocery,  or  other  place  within  said  city  where  intoxi- 
cating or  malt  liquors  are  sold  or  kept  for  sale,  after  being  , 
notified  by  the  proprietor  or  keeper  thereof,  or  by  any  police- 
man, to  quit  the  same,  under  a penalty  in  each  case  of  not 
less  than  three  dollars  nor  exceeding  twenty-five  dollars. 

449.  No  licensed  keeper  of  any  saloon,  dram-shop,  or 
other  place  where  liquors  are  sold,  within  the  city,  shall,  by 
himself,  his  agent,  clerk  or  bartender,  suffer  or  permit  any 
person  to  drink  to  excess  or  drunkenness  in  his  place  of 
business,  or  in  any  place  adjacent  thereto  subject  to  his  con- 
trol, under  a penalty  of  not  less  than  three  dollars  nor  more 
than  twenty-five  dollars  for  each  offense. 


THE  CITY  OF  SPRINGFIELD. 


265 


450.  Whenever  the  wife,  parent  or  other  relative  of  any 
habitual  drunkard,  or  person  habitually  addicted  to  the  use 
of  intoxicating  drink,  shall,  by  notice  in  writing,  notify  and 
request  any  liquor  dealer  or  seller  in  said  city  not  to  sell  or 
give  away  any  liquors  to  such  habitual  drunkard,  it  shall 
thereafter  be  unlawful  for  any  such  liquor  dealer  or  seller  to 
sell  or  give  away  any  liquor  to  such  person.  And  whoever 
shall  violate  the  provisions  of  this  section  shall,  for  every 
such  offense,  be  fined  not  less  than  ten  dollars  nor  more 
than  fifty  dollars. 

451.  No  person  licensed  under  the  provisions  of  this 
article,  or  any  ordinance  of  said  city,  to  retail  liquors,  shall 
suffer  or  permit  any  loud  or  boisterous  talking,  or  any  obscene 
or  profane  language,  quarreling,  fighting,  or  other  disturb- 
ance in  or  about  his  place  of  business,  to  the  annoyance  of 
persons  passing  any  street  or  public  way  in  the  vicinity 
thereof,  or  to  the  disturbance  of  the  peace  and  quiet  of  per- 
sons residing  or  doing  business  in  the.  neighborhood  thereof, 
under  a penalty  of  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars  in  each  case. 

452.  Any  saloon-keeper,  or  retailer  of  liquors,  licensed 
as  aforesaid,  shall  have  authority  and  is  hereby  authorized 
to  arrest  any  person  making  a disturbance,  or  being  guilty 
of  any  disorderly  conduct,  in  his  saloon  or  place  of  business, 
and  to  take  such  person  before  any  police  magistrate  or 
justice  of  the  peace  of  the  city,  or  deliver  him  into  the 
custody  of  any  police  officer,  to  be  dealt  with  according  to 
law. 

453.  No  person  licensed  to  retail  liquors,  under  the  pro- 
visions of  this  article,  or  under  any  ordinance  of  the  city 
council,  shall,  by  himself,  his  agent,  clerk  or  bartender, 
allow  or  permit  any  gaming  in  any  way  for  money,  or  other 
valuable  thing,  to  be  carried  on  in  any  part  of  his  place  of 
business,  or  in  any  room  or  place  adjacent  thereto  within 
his  control,  under  a penalty  of  not  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

454.  Every  saloon,  dram-shop,  grocery  or  other  place, 
within  said  city,  where  intoxicating,  malt,  vinous,  mixed  or 
fermented  liquors  are  sold,  or  kept  for  sale,  and  in  which 
minors  are  allowed  to  drink  intoxicating  drinks,  or  play  with 
cards,  dice,  balls,  or  other  articles  used  in  gaming,  is  here- 
by declared  to  be  a disorderly  house ; and  every  proprietor 
or  keeper  of  such  dram-shop,  saloon  or  grocery  where  such 
drinking  or  playing  shall  take  place,  shall,  for  the  first  offense 


266 


GENERAL  ORDINANCES  OF 


of  keeping  such  disorderly  house,  be  subject  to  a fine  of 
twenty-five  dollars,  and  on  conviction  for  the  second  offense, 
he  shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars,  and  his  license  shall  be  thereupon 
revoked. 

455.  Any  liquor  dealer  or  other  person  w^ho  shall  supply, 
or  attempt  to  supply,  any  person  in  the  custody  of  a police 
officer  of  the  city,  or  any  person  committed  to  the  city  prison 
and  work  house,  while  held  in  confinement  there,  with  any 
intoxicating  liquor,  except  upon  the  written  prescription  of 
some  respectable  physician,  shall,  in  either  case,  be  liable  to 
a fine  of  not  less  than  five  dollars  nor  more  than  twenty 
dollars. 

456.  No  retailer  of  liquors,  or  keeper  of  any  dram-shop 
or  drinking  saloon,  licensed  under  the  provisions  of  this 
article,  or  under  any  ordinance  of  said  city,  shall  keep  open, 
or  permit  to  be  kept  open,  his  place  of  business  in  the  night- 
time, between  the  hours  of  twelve  o’clock  midnight  and  five 
o’clock  A.  M.,  nor  shall  permit  any  person  not  employed  at 
his  place  of  business  or  connected  therewith  to  remain  there- 
in between  said  hours,  under  a penalty  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  each  offense. 

457.  No  retailer  of  liquors,  or  keeper  of  any  dram-shop 
or  drinking  saloon  aforesaid,  shall,  on  any  general  or  special 
election  day,  or’  day  on  w^hich  any  city,  town,  county  or  State 
election  is  held  within  said  city,  keep  open,  or  permit  to  be 
kept  open,  his  place  of  business ; nor  shall,  on  such  day, 
sell  or  give  away  any  intoxicating,  malt,  vinous,  mixed  or 
fermented  liquor  whatever,  or  permit  any  such  liquors  to  be 
used  or  drank  in  his  place  of  business,  or  in  any  room  or 
place  adjacent  thereto  subject  to  his  control,  under  a penalty 
of  not  less  than  twenty-five  debars  nor  more  than  fifty  dol- 
lars for  each  offense : Provided,  that  nothing  in  this  sec- 
tion contained  shall  be  held  to  apnly  to  the  keeping  open  of 
any  saloon  or  dram-shop  on  any  election  day  after  the  polls 
shall  have  been  closed. 

458.  Every  person  licensed  to  retail  liquors,  or  keep  a 
saloon  or  dram-shop,  under  the  provisions  hereof,  shall  pro- 
cure a printed  copy  of  this  article,-  and  place  and  keep  the 
same  conspicuously  posted  in  his  office  or  place  of  business, 
under  a penalty  of  one  dollar  for  each  and  every  day  that 
he  shall  tail  to  do  so  after  being  notified  thereto,  in  writing, 
by  the  city  clerk  or  superintendent  of  police. 


THE  CITY  OF  SPRINGFIELD. 


267 


459.  Any  room  or  place  where,  for  any  consideration, 
directly  or  indirectly  paid  or  received,  any  intoxicating,  malt, 
vinous,  mixed  or  fermented  liquors  are  retailed  by  less  quan- 
tity than  one  gollon,  except  in  the  case  of  druggists  or  phar- 
macists aforesaid,  is  hereby  declared  to  be  a saloon  or 
dram-shop. 

460.  It  shall  be  the  duty  of  the  several  members  of  the 
police  force  to  enforce  the  provisions  of  this  article,  and  to 
prosecute  all  violations  of  the  same. 


Article  II. 


WHOLESALE  DEALERS  IN  LIQUORS. 

461.  No  person  shall,  within  the  city  of  Springfield,  by 
himself,  his  agent,  clerk  or  servant,  sell,  barter,  exchange  or 
deliver  any  intoxicating,  malt,  vinous,  mixed  or  fermented 
liquors,  in  quantities  exceeding  one  gallon,  without  a license 
from  the  city  for  such  purpose ; nor  shall  any  person  engage 
in  or  carry  on  the  business  of  brewing  ale  or  beer,  or  the 
business  of  distilling  liquors,  without  obtaining  a license  there- 
for, in  the  manner  provided  by  ordinance,  under  a penalty, 
in  each  case,  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

462.  Any  person  desiring  to  take  out  a license  for  any 
of  the  purposes  mentioned  in  the  last  preceding  section  here- 
of, shall  make  application,  in  writing,  to  the  mayor,  and  upon 
giving  a bond  to  the  city  of  Springfield  in  the  penal  sum  of 
one  thousand  dollars,  with  at  least  two  good  sureties,  to  be 
approved  by  the  mayor,  conditioned  for  the  due  observance 
of  all  ordinances  of  said  city  regulating  or  relating  to  his 
business,  which  are  ar  may  be  in  force  during  the  period  of 
such  license,  and  upon  paying  into  the  city  treasury  the^ 
license  fee  prescribed  by  ordinance  therefor,  such  applicant* 
shall  be  entitled  to  receive  a license  in  due  form. 

463.  No  person  who  may  be  licensed  under  the  provisions 
of  this  article,  or  any  ordinance  of  said  city,  to  sell  liquors 
by  wholesale,  or  in  quantities  over  one  gallon,  shall,  by  him- 
self, his  agen',  clerk  or  servant,  sell  or  give  away  to  any  per- 
son any  intoxicating,  malt,  vinous,  mixed  or  fermented  liquor, 
to  be  used  or  drank  as  a beverage  in  his  store  or  place  of 
business,  or  in  any  place  adjacent  thereto  within  his  control, 
under  a penalty  of  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars  for  each  offense. 


268 


GENERAL  ORDINANCES  OF 


Article  III. 


PERMITS  TO  PHARMACISTS  FOR  SALE  OF  LIQUORS — HOW  GRANTED. 

464.  No  pharmacist  or  druggist  shall,  within  the  city  of 
Springfield,  by  himself,  his  clerk,  agent  or  servant,  sell,  bar- 
ter, exchange,  or  give  away,  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquor  whatever,  without  first  obtaining 
a permit  for  such  purpose,  in  the  manner  hereinafter  pro- 
vided, under  a penalty  of  not  less  than  ten  dollars  nor  more 
than  two  hundred  dollars  for  each  and  every  offense. 

465.  Upon  application  therefor,  in  writing,  addressed  to 
the  mayor,  and  upon  payment  into  the  city  treasury  of  the 
sum  of  twenty-five  dollars,  or  at  that  rate  per  annum,  and 
on  the  execution  and  filing  with  the  city  clerk  of  a bond,  as 
provided  in  section  five  (5)  of  chapter  forty-three  (43)  of  the 
revised  statutes  of  Illinois,  of  1874,  by  any  registered  phar- 
macist or  druggist,  doing  business  within  said  city,  the  mayor 
shall  be  authorized  to  grant  to  such  applicant  a permit  to 
sell  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors, 
in  quantities  less  than  one  gallon,  but  for  medicinal,  mechan- 
ical, chemical  and  sacramental  purposes  only. 

466.  Said  permit  shall  be  issued  and  attested  by  the  city 
clerk,  under  the  corporate  seal,  and  be  signed  by  the  mayor, 
and  shall  state  to  whom  it  is  issued,  for  what  time  issued, 
where  the  business  is  to  be  carried  on,  and  that  it  only  author- 
izes the  holder  to  sell  liquors  for  medicinal,  mechanical, 
chemical  and  sacramental  purposes,  and  that  it  is  subject  to 
all  ordinances  of  the  city  council  in  force  at  the  time  of  the 
issuance  thereof,  or  which  may  be  passed  and  in  force  dur- 
ing the  period  of  such  permit,  in  relation  to  intoxicating 
liquors. 

• 467.  No  permit  granted  under  the  provisions  of  this  article 

shall  be  for  a longer  term  than  one  year,  and  all  such  per- 
mits shall  expire  on  the  last  day  of  December  in  each  year, 
after  their  issuance. 

468.  No  pharmacist  or  druggist  shall,  by  virtue  of  such 
permit,  or  otherwise,  sell  or  give  away  any  intoxicating,  malt, 
vinous,  mixed  or  fermented  liquor,  to  be  used  or  drank  as  a 
beverage  in  his  place  of  business,  or  in  any  room  or  place 
adjacent  thereto  under  his  control, ^nor  for  any  other  purpose 
except  the  purposes  authorized  by  this  article ; and  every 
pharmacist  or  druggist  who  shall,  by  himself,  his  clerk,  agent 


THE  CITY  OF  SPRINGFIELD. 


269 


or  servant,  violate  any  provision  of  this  section,  shall,  upon 
conviction,  be  fined  not  less  than  twenty  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 

469.  Any  permit  issued  under  the  provisions  of  this  article 
may  be  revoked  by  the  mayor,  at  any  time,  upon  written 
notice  given,  whenever  it  shall  appear  to  his  satisfaction  that 
the  person  holding  such  permit  has  violated  any  provision 
hereof,  or  any  condition  of  his  bond  aforesaid ; but  such  re- 
vocation shall  be  subject  to  the  approval  of  the  city  council. 


270 


GENEBAL  ORDINANCES  OF 


CHAPTER  XVIIl. 

MISDEMEANOES. 


Akticle  I.  Offenses  Affecting  the  Public  Peace  and  Quiet. 

II.  Offenses  Against  Public  Morals  and  Decency. 

III.  Offenses  Affecting  the  Public  Safety  and  Convenience. 

IV.  Offenses  Concerning  Public  and  Private  Property. 

V.  Offenses  Relating  to  Sunday. 

VI.  Offenses  Relating  to  Vagrants  and  Paupers. 


Article  I. 

OFFENSES  AFFECTING  THE  PUBLIC  PEACE  AND  QUIET. 

Sec.  470.  Whoever  shall  commit  an  assault,  or  an  assault 
and  battery,  upon  the  person  of  another,  or  shall  be  guilty 
of  an  affray,  within  the  limits  of  the  city  of  Springfield, 
shall,  upon  conviction,  be  fined  not  less  than  three  dollars 
nor  more  than  one  hundred  dollars. 

471.  Whoever  shall  disturb  the  peace  of  the  city,  or  the 
quiet  of  any  private  family  or  person  therein,  by  loud  or 
unusual  noises,  or  by  violent  and  tumultuous  carriage,  or  by 
shouting,  cursing,  quarreling,  challenging  to  tight  or  fighting, 
or  any  other  disorderly  conduct,  shall,  upon  conviction,  be 
fined  not  less  than  three  dollars  nor  more  than  fifty  dollars. 

472.  If  any  person  shall,  within  *said  city,  challenge 
another  to  fight,  or  shall  threaten  or  traduce  another,  or 
shall  use  any  profane,  obscene,  or  offensive  language,  or 
indulge  in  any  conduct,  toward  another  tending  to  provoke 
a disturbance  or  breach  of  the  peace,  the  person  so  offend- 
ing shall,  upon  conviction,  be  fined  not  less  than  three 
dollars  nor  more  than  twenty-live  dollars  for  each  offense. 

473.  Any  two  or  more  persons  who  shall,  within  the 
city,  assemble  together  for  any  unlawful  purpose,  or  who, 
being  assembled,  shall  act  in  concert  to  do  an  unlawful  act, 
with  force  and  violence,  against  the  property  of  the  city,  or 
the  person  or  property  of  another,  or  against  the  peace  or 
to  the  terror  of  citizens  or  other  persons,  or  who  shall  make 
any  movement  or  preparation  therefor,  shall  be  severally 
subject  to  a fine  of  not  less  than  three  dollars  nor  more 


THE  CITY  OF  SPRINGFIELD. 


271 


than  fifty  dollars,  and  to  a further  fine  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars,  upon  refusal  to  disperse 
after  behig  requested  to  do  so  by  any  police  or  other  city 
officer. 

474.  Whoever  shall,  knowingly,  suffer  or  permit  any 
assemblage  for  the  purpose  of  committing  any  unlawful  act 
or  breach  of  the  peace,  or  any  riotous,  offensive  or  disorderly 
conduct,  in  or  upon  premises  owned  or  occupied  by  him,  or 
under  his  control,  within  said  city,  shall,  on  conviction,  be 
fined  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

475.  Whoever  shall,  in  said  city,  interrupt  or  disturb 
any  congregation  or  assembly  met  for  the  purpose  of  religious 
worship,  or  for  any  lawful  purpose,  by  making  any  loud  or 
unusual  noise,  or  by  rude  or  indecent  behavior,  or  by  pro- 
fane, obscene  or  improper  discourse  or  conduct,  shall,  on 
conviction,  be  fined  not  less  than  five  dollars  nor  more  than 
fifty  dollars. 

478.  Whoever  shall  willfully  interrupt  or  disturb  any 
funeral  procession  or  assembly,  shall,  on  conviction,  be  fined 
not  less  than  five  dollars  nor  more  than  fifty  dollars. 

477.  Any 'person  who  shall  conduct  himself  in  a riotous 
or  disorderly  manner,  or  disturb  the  peace  at  any  show  or 
exhibition,  theatre  or  other  place  of  amusement,  or  at  any 
election  poll,  in  said  city,  shall,  on  conviction,  be  fined  not 
less  than  three  dollars  nor  more  than  fifty  dollars  for  each 
offense. 

478.  No  boy  or  other  person  shall  purposely  or  heedlessly 
cast  or  throw  any  stone,  brickbat,  clod  or  other  missile  from 
or  into  any  public  place,  or  at  any  house  or  person,  within 
the  city,  under  a penalty,  in  each  case,  of  not  less  than  one 
dollar  nor  exceeding  five  dollars. 

479.  No  boy  or  other  person  shall  climb  upon  or  into 
any  wagon,  carriage,  sleigh  or  other  vehicle,  while  the  same 
may  be  in  motion,  or  attach  his  sled  or  cart  to  any  such 
vehicle,  without  the  consent  of  the  driver  thereof;  or  shall 
otherwise  willfully  molest  or  annoy  any  person,  in  said  city, 
under  a penalty  of  not  less  than  one  dollar  nor  exceeding 
five  dollars  in  each  case. 

480.  Any  two  or  more  boys  who  shall,  in  the  night  time, 
be  disturbing  any  lawful  assemblage,  or  making  any  loud  or 
unusual  noises,  to  the  annoyance  or  disturbance  of  citizens ; 
or  who  shall  be  found  loitering  or  strolling  about  the  street 
corners,  or  • in  the  vicinity  of  any  hotel,  theatre,  railroad 
depot,  or  other  public  place,  and  refuse  to  disperse  and  go 
to  their  respective  homes,  when  requested  to  do  so  by  any 


272 


GENERAL  ORDINANCES  OF 


member  of  the  police  force,  or  by  any  person  annoyed 
thereby,  shall,  upon  conviction,  be  severally  fined  not  less 
than  one  dollar  nor  exceeding  ten  dollars. 

481.  Whoever  shall,  within  said  city,  wear  or  carry  con- 
cealed about  his  person  any  pistol,  revolver,  slung-shot, 
metallic  knuckles,  bowie  knife,  dirk,  razor,  or  other  danger- 
ous or  deadly  weapon ; or  whoever  shall  display  or  flourish 
any  such  weapon  in  a boisterous,  or  threatening  manner, 
shall,  on  conviction,  be  fined  not  exceeding  twenty-five  dol- 
lars for  each  offense : Provided,  that  the  provisions  of  this 
section  shall  mot  be  held  to  apply  to  any  policeman,  con- 
stable, or  other  peace  officer,  while  in  the  discharge  of  his 
duty,  nor  to  any  person  summoned  by  any  such  officer  to 
aid  him  in  making  an  arrest  or  preserving  the  peace. 


Article  II. 

OFFENSES  AGAINST  PUBLIC  MORALS  AND  DECENCY. 

482.  Whoever  shall  be  in  a state  of  intoxication  or 
drunkenness  in  any  public  place,  or  place  open  to  public 
view,  within  the  city  of  Springfield ; or  in  any  private  house 
or  place,  to  the  annoyance  of  any  person,  shall,  upon  con- 
viction, be  fined  not  less  than  three  dollars  nor  more  than 
twenty- five  dollars. 

483.  Whoever  shall  use  any  profane  or  obscene  language 
in  any  public  place  in  said  city,  loud  enough  to  be  over- 
heard by  persons  passing  thereby,  and  when  any  woman 
may  be  sufficiently  near  to  hear  the  same ; or  shall  be  guilty 
of  any  disorderly  conduct  or  behavior,  shall,  in  either  case, 
be  subject  to  a fine  of  not  less  than  three  dollars  nor  more 
than  twenty-five  dollars. 

484.  Whoever  shall,  in  said  city,  make  any  indecent  ex- 
posure of  his  or  her  person,  or  shall  appear  in  any  public 
place,  or  place  exposed  to  the  public  view,  in  a dress  not 
belonging  to  his  or  her  sex,  or  in  an  indecent  or  lewd  dress, 
or  in  a state  of  nudity,  or  shall  be  guilty  of  any  other  in- 
decent or  lewd  act,  shall,  upon  conviction,  be  fined  not  less 
than  five  dollars  nor  more  than  fifty  dollars  for  each  offense. 

485.  Whoever  shall,  in  any  public  place,  or  place  open 
to  the  public  view,  within  the  city,  write  or  draw,  cut  or 
make,  any  lewd  or  indecent  word,  sentence,  design  or  figure ; 
or  whoever  shall  indecently  exhibit  any  stallion,  bull,  jack- 
ass, or  other  animal,  except  in  an  inclosed  place  out  of 
public  view,  shall,  in  either  case,  be  subject  to  a fine  of 
not  less  than  five  dollars  nor  more  than  fifty  dollars. 


THE  CITY  OF  SPRINGFIELD.  » 


273 


488.  Any  person  who  shall  bring  or  cause  to  be  brought 
into  said  city,  for  the  purpose  of  sale  or  exhibition,  or  shall 
keep,  sell,  offer  or  expose  for  sale,  any  obscene  or  indecent 
publication,  book,  pamphlet,  paper,  print,  picture,  illustra- 
tion, model,  cast,  instrument  or  article  of  indecent  or  im- 
moral use,  or  shall  advertise  the  same  for  sale  or  exhibition, 
shall,  on  conviction,  be  fined  not  less  than  ten  dollars  nor 
more  than  two  hundred  dollars  for  each  offense. 

487.  Whoever  shall  exhibit  or  perform,  or  assist  in  ex- 
hibiting or  performing,  in  said  city,  any  obscene,  indecent 
or  lewd  play,  or  other  such  representation,  or  shall  know- 
ingly permit  the  same  to  be  exhibited  or  performed  in  any 
building  or  hall  owned  or  controlled  by  him,  shall,  in  each 
case,  be  subject  to  a fine  of  not  less  than  twenty  dollars 
nor  more  than  two  hundred  dollars. 

488.  Any  person  who  shall,  within  the  city,  keep  or  use, 
or  be  in  any  way  connected  with  the  management  of  any 
place  kept  or  used,  for  the  purpose  of  fighting  or  baiting 
any  dog,  cock  or  other  animal,  or  who  shall  permit  such 
place  to  be  kept  or  used  on  premises  owned,  rented  or  con- 
trolled by  him,  or  who  shall  frequent  or  be  found  therein, 
shall,  on  conviction,  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  in  each  case. 

489.  Whoever  shall,  within  the  city  of  Springfield,  set 
up,  keep,  maintain  or  support  any  gambling  house  or  room, 
or  place  used  for  the  practice  of  gaming  or  playing  for  money 
or  property,  or  shall  knowingly  permit  any  building  or 
premises  owned  or  controlled  by  him  to  be  used  for  any 
such  purpose ; or  whoever  shall  keep  or  use,  or  permit  to 
be  used,  in  any  building  or  place  occupied,  controlled  or 
owned,  by  such  person,  any  keno  or  faro  table,  wheel  of 
fortune,  roulette,  shuffle  board,  cards,  or  other  instrument 
or  device,  commonly  used  for  the  purpose  of  gaming,  shall, 
upon  conviction,  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  two  hundred  dollars  for  each  offense. 

490.  Whoever  shall  be  an  inmate  of  any  gaming  house 
or  room,  within  said  city,  or  shall  be  in  any  way  connected 
therewith,  or  shall  frequent  or  visit  the  same,  or  be  found 
therein;  or  whoever  shall,  within  the  city,  play  for  any 
money  or  other  valuable  thiug  at  any  game  with  cards, 
dice,  billiards,  or  any  other  instrument  or  device  whatsoever ; 
or  whoever  shall  bet  on  any  such  game  when  played  by 
others,  shall,  on  conviction,  be  fined  not  less  than  ten  dol- 
lars nor  more  than  one  hundred  dollars  for  each  offense. 

491.  No  person  shall  set  up  or  expose  in  any  of  the 
streets,  avenues  or  other  public  places,  within  the  limits  of 

—18 


274 


GENERAL  ORDINANCES  OF 


the  city,  any  table  or  device  of  any  kind,  upon  or  by  which 
any  game  of  chance  or  hazard  can  be  played,  or  shall  play 
at  or  upon  any  such  table  or  device,  under  a penalty  of 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

492.  Whoever  shall,  within  said  city,  set  up,  run  or 
maintain  any  lottery,  or  shall  sell  or  dispose  of  for  gain  any 
ticket,  chance  or  share  in  any  lottery,  or  shall  sell  or  at- 
tempt to  dispose  of  any  article  of  property  dependent  upon 
any  chance,  by  dice,  lot,  numbers,  or  other  fraudulent  de- 
vice, or  shall  promote  or  be  in  any  way  connected  with  any 
such  lottery  or  game  of  chance ; or  whoever  shall  knowingly 
permit  any  such  lottery,  business  or  enterprise,  to  be  carried 
on  in  any  building  or  premises  owned  or  controlled  by  him, 
shall,  on  conviction,  be  fined  not  less  than  twenty  dollars 
nor  more  than  two  hundred  dollars  for  each  offense. 

493.  Each  and  every  sale  or  purchase,  wherein  any  part 
of  the  articles  or  things  received  or  to  be  received,  either 
as  to  quantity  or  value,  shall  in  any  manner  depend  upon 
any  chance  or  hazard,  whether  by  means  of  checks,  cards, 
envelopes,  numbers,  dice,  or  by  any  means  whatever,  is 
hereby  declared  to  be  gaming  within  the  meaning  of  the 
provisions  hereof,  and  as  such  to  be  unlawful.  Any  person 
so  selling  or  disposing  of  any  article  or  thing  of  value, 
within  said  city,  shall  be  liable  to  a fine  of  twenty-five  dol- 
lars for  each  offense. 

494.  Whoever  shall,  within  the  city  of  Springfield,  or 
within  three  miles  of  the  outer  boundaries  thereof,  keep  or 
maintain,  directly  or  indirectly,  any  bawdy  or  disorderly 
house,  house  of  ill-fame,  or  of  assignation,  or  place  for  the 
practice  of  fornication  or  adultery,  shall,  upon  conviction,  be 
fined  in  any  sum  not  less  than  twenty-five  dollars  nor  more 
than  two  hundred  dollars,  for  each  offense,  and  be  subject 
to  a like  further  fine  for  every  forty-eight  hours  after  the  first 
conviction,  that  such  house  shall  be  continued  or  maintained. 

495.  Whoever  shall,  within  said  city,  or  within  three 
miles  of 'the  limits  thereof,  knowingly  lease,  let  or  permit  any 
building  or  premises,  owned  by  him  or  under  his  control,  to 
be  used  in  whole  or  in  part  as  a house  of  ill-fame,  or  house 
of  assignation,  or  place  for  the  practice  of  fornication  or  adul- 
tery, shall  be  subject  to  a fine  of  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  dollars,  and  to  a further 
fine  of  twenty-five  dollars  for  every  forty- eight  hours  after 
the  first  conviction  that  he  shall  continue  to  violate  this 
section. 

496.  Whoever  shall  be  an  inmate  or  occupant  of,  or  shall 
frequent  or  be  found  in  any  bawdy  house,  house  of  ill-fame. 


THE  CITY  OF  SPRINGFIELD. 


275 


or  of  assignation,  or  place  used  for  the  practice  of  fornica- 
tion or  adultery,  within  said  city,  or  within  three  miles  of 
the  limits  thereof,  shall,  on  conviction,  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

497.  Whoever  shall,  within  said  city,  entice,  influence  or 
persuade  any  female  to  enter  or  frequent  any  bawdy  house, 
house  of  ill-fame,  or  of  assignation,  or  place  used  for  the 
practice  of  fornication  or  adultery;  or  whoever  shall  induce 
any  minor  to  enter  or  frequent,  or  shall  qllow  or  permit  any 
minor  to  remain  in  any  such  house  or  place,  shall,  for  each 
offense,  be  subject  to  a fine  of  not  less  than  twenty-five  dol- 
lars nor  more  than  fifty  dollars. 

498.  In  any  action  or  suit  arising  under  the  four  last 
preceding  sections  of  this  article,  the  fact  that  any  house  is 
a house  of  ill-fame,  or  of  assignation,  or  that  any  place  is 
used  for  the  practice  of  fornication  or  adultery,  shall  be 
sufficiently  proven  or  established  by  evidence  that  such  is 
the  general  reputation  of  the  same. 

499.  No  person  shall  be  subject  to  any  fine  or  penalty 
for  or  on  account  of  any  testimony,  which  he  or  she  may 
give  as  a witness  for  the  city  in  any  police  or  other  court, 
concerning  his  or  her  being  an  inmate  or  occupant  of,  or 
being  found  in  any  bawdy  house,  house  of  ill-fame,  or  in  any 
gaming  house. 


Article  III. 

OFFENSES  AFFECTING  THE  PUBLIC  SAFETY  AND  CONVENIENCE. 

500.  No  person  shall  ride  or  drive  any  horse,  mule  or 
other  animal,  in  or  through  any  street  or  avenue  or  alley 
of  the  city  of  Springfield,  with  greater  speed  thpn  at  the  rate 
of  six  miles  an  hour;  nor  shall,  in  turning  the  corner  of 
any  street,  avenue  or  alley  in  the  city,  ride  or  drive  any 
such  animal  with  greater  speed  than  at  the  rate  of  four 
miles  an  hour ; nor  shall  willfully  or  heedlessly  ride  or  drive 
any  such  animal  so  that  the  same,  or  any  vehicle  attached 
thereto,  shall  come  into  collision  with  any  other  animal  or 
vehicle,  or  strike  against  any  person,  under  a penalty,  in 
each  and  every  case,  of  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars. 

501.  Whoever  shall  leave  any  horse  or  mule,  or  any  team 
attached  to  any  vehicle,  in  any  street,  alley  or  other  unin- 
closed place,  within  said  city,  without  the  same  being 
securely  fastened  or  guarded,  shall  be  subject  to  a penalty 
of  not  less  than  three  dollars  nor  more  than  twenty-five 
dollars. 


276 


GENERAL  ORDINANCES  OF 


602.  In  all  cases  of  persons  driving  and  meeting  each 
other  in  vehicles,  in  any  street  or  thoroughfare  of  the  city, 
each  person  so  meeting  shall  turn  his  vehicle  to  the  right  of 
the  center  of  the  street,  so  that  each  may  pass  without 
interference  with  or  accident  to  the  other ; and  every  person 
violating  or  failing  to  comply  with  the  requirements  of  this 
section,  shall  incur  a penalty  of  not  less  than  two  dollars 
nor  more  than  twenty-five  dollars  : Provided,  that  where  any 
horse  or  other  railroad  track  is  or  may  be  laid  in  any  street  or 
avenue,  each  side  of  such  track  shall  be  deemed  a street  or 
thoroughfare  within  the  meaning  of  this  section. 

503.  No  person  shall  play  at  ball,  or  raise  or  fly  any 
kite,  or  ride  or  propel  any^  bicycle  or  velocipede  in  any  part 
of  said  city  devoted  to  business  purposes,  under  a penalty 
of  not  less  than  one  dollar  nor  more  than  twenty  dollars  for 
each  offense. 

504.  No  person  shall  engage  in  any  game,  sport  or 
amusement,  or  exhibit  any  animal  or  machine,  or  do  any- 
thing else  in  the  streets  or  upon  the  sidewalks  of  the  city, 
which  shall  have  a tendency  to  frighten  horses  or  interfere 
with  teams  and  vehicles  or  persons  passing  along  the  streets 
or  sidewalks,  under  a penalty  of  not  less  than  one  dollar  nor 
more  than  twenty  dollars  for  each  offense. 

505.  It  shall  be  unlawful  for  any  boy  or  other  person  to 
play  upon  or  about  any  railroad  track,  depot,  locomotive  or 
car  within  ^aid  city;  or  to  climb  upon  or  jump  from  any  car 
or  train  of  cars,  or  from  one  car  to  another,  or  to  climb  or 
jump  upon  any  street  car,  while  the  same  may  be  in  motion ; 
and  every  boy  or  other  person  violating  any  provision  of 
this  section,  shall,  upon  conviction,  be  fined  not  less  than 
two  dollars  nor  more  than  ten  dollars  for  each  offense.  It 
is  hereby  made  the  duty  of  the  several  members  of  the 
police  force  to  vigorously  enforce  the  provisions  of  this  sec- 
tion, and  all  railroad  employes  shall  be  empowered  to  arrest 
all  persons  found  yiolating  the  same. 

506.  Whoever  shall  willfully  turn  a stream  of  water  from 
any  fire-hose  or  hydrant  upon  any  person,  or  upon  any  pri- 
vate premises,  on  the  occasion  of  any  exhibition  or  tourna- 
ment, or  otherwise,  shall  be  liable  to  a fine  of  not  less  than 
three  dollars  nor  more  than  twenty  dollars. 

507.  All  public  buildings  in  process  of  erection  at  the 
time  of  taking  effect  of  this  ordinance,  or  hereafter  to  be 
erected  or  constructed  in  said  city,  which  may  or  shall  be 
used  for  churches,  school-houses,  opera-houses,  theatres,  lec- 
ture rooms,  town  halls,  hotels,  or  for  any  purpose  whereby 
a collection  of  people  may  be  assembled  together  for 


THE  CITY  OF  SPRINGFIELD. 


277 


religious  worship,  amusement,  instruction,  or  otherwise,  shall 
be  so  built  and  constructed  that  all  doors  leading  from  the 
main  hall  or  audience  room,  where  said  collection  of  people 
may  be  assembled,  or  from  the  principal  room  which  may 
be  used  for  any  of  the  purposes  aforesaid,  shall  be  so  swung 
upon  their  hinges  as  to  open  outward,  and  that  all  means 
of  egress  for  the  public  from  the  main  hall  or  principal 
room,  and  from  the  building,  shall  be  by  means  of  doors 
which  shall  open  outward  therefrom.  Any  owner,  agent  or 
trustee  of  any  such  building,  who  shall  fail  or  refuse  to 
comply  with  the  requirements  of  this  section,  shall,  on  con- 
viction, be  fined  not  less  than  one  hundred  dollars  nor  more 
than  two  hundred  dollars. 


Article  IV. 

OFFENSES  CONCERNING  PUBLIC  AND  PRIVATE  PROPERTY. 

508.  Whoever  shall  willfully,  maliciously  or  negligently 
break,  deface,,  injure  or  destroy  any  property  of  the  State, 
county  or  city,  or  any  private  property,  shall  be  subject  to 
a fine  of  not  less  than  five  dollars  nor  exceeding  one  hun- 
dred dollars,  and  shall  also  be  liable  for  the  costs  of  repair- 
ing the  injuries  committed,  which  may  be  recovered  by  a 
separate  suit. 

509.  Any  person  who  shall,  within  said  city,  cut,  injure, 
remove  or  destroy  any  fruit,  ornament  or  shade  tree,  or  the 
boxing  around  the  same,  or  any  fence,  railing,  gate,  post  or 
sign,  upon  any  public  ground,  sidewalk  or  private  premises ; 
or  who  shall  enter  any  private  premises  against  the  consent 
of  the  owner  or  occupant  thereof,  or  shall  trespass  upon  any 
private  premises  or  public  grounds,  or  injure,  take  away  or 
destroy  any  tree,  shrub,  fruit,  plant,  vegetable,  or  other 
thing  which  may  be  therein  for  ornament  or  utility,  shall, 
on  conviction,  be  fined  not  less  than  three  dollars  nor  more 
than  fifty  dollars  for  each  and  every  such  offense. 

510.  No  boy  or  other  person  shall  purposely  or  heedlessly 
cast  or  throw  any  stone,  brick  or  other  missile  from  or  into 
any  street  or  other  public  place,  or  at,  against,  or  into  any 
building,  shade  tree  or  other  property,  or  shall  climb  upon 
or  walk  upon  the  top  or  capping  of  any  fence  or  railing,  or 
into  any  shade  or  ornamental  tree  upon  any  sidewalk  or 
elsewhere,  without  the  consent  of  the  owner  or  occupant 
thereof,  or  shall  in  any  wise  injure  or  deface  any  building, 
fence,  gate  or  shade  tree,  or  shall  meddle  with  or  injure 
any  public  well,  cistern,  hydrant  or  pump,  within  said  city, 
under  a penalty,  in  each  case,  of  not  less  than  two  dollars 
nor  more  than  ten  dollars. 


278 


GENERAL  ORDINANCES  OF 


511.  Whoever  shall,  without  the  consent  of  the  owner  or 
occupant  of  the  premises,  post  up,  stick  or  place  any  hand- 
bill, show-bill,  placard  or  notice  upon  any  building,  wall, 
fence  or  tree-box ; or  shall  mark,  scratch,  cut  or  otherwise 
deface  any  part  of  any  building,  fence,  or  tree-box,  shall,  in 
either  case,  be  subject  to  a penalty  of  not  less  than  three 
dollars  nor  more  than  ten  dollars. 

512.  Any  person  who  shall  willfully,  maliciously  or  neg- 
ligently break,  deface,  injure  or  destroy  any  public  street- 
lamp  or  lamp-post,  telegraph  post  or  telegraph  wire,  within 
the  city,  shall  be  subject  to  a penalty  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  each  offense,  and 
shall  also  be  liable  for  the  cost  and  expense  of  repairing 
the  injuries  committed,  to  be  recovered  by  a separate  suit 
in  the  name  of  the  city. 

513.  Whoever  shall,  in  said  city,  climb  upon  any  street- 
lamp  post,  or  shall  fasten  any  horse  or  other  animal  thereto, 
or  shall  hang  or  place  upon  or  against  the  same  any  goods, 
boxes,  fuel  or  other  material,  shall,  for  each  offense,  be 
subject  to  a fine  of  not  less  than  two  dollars  nor  more  than 
ten  dollars. 

514.  Whoever  shall  willfully  or  heedlessly  break,  deface, 
injure,  remove  or  carry  away  any  cup  or  service-lid  placed 
upon  any  of  the  service-boxes  of  the  gas-light  company, 
within  the  city,  shall  forfeit  and  pay  a fine  of  not  less  than 
three  dollars  nor  more  than  ten  dollars. 

515.  Whoever  shall  fasten  any  horse,  mule  or  other  ani- 
imal  to  any ‘fence  or  shade-tree,  or  to  the  boxing  placed 
around  any  shade-tree,  upon  or  adjoining  any  street,  avenue 
or  thoroughfare  in  said  city,  without  the  consent  of  the 
owner  or  occupant  of  the  adjacent  premises,  shall  be  subject 
to  a fine  of  not  less  than  two  dollars  nor  more  than  ten 
dollars. 

516.  No  owner  or  driver  of  any  vehicle,  for  hire,  shall 
make  a regular  stand  or  stopping  place  in  ffont  of  any 
building  or  premises  within  said  city,  except  it  be  in  front 
of  his  own  premises,  or  at  the  public  stand  authorized  and 
designated  by  ordinance,  under  a penalty  of  one  dollar  for 
each  day  such  offense  may  be  continued. 

517.  Any  person  who  shall  willfully  or  heedlessly  change, 
remove  or  destroy  any  stone,  stake  or  post,  set  or  placed  to 
mark  the  corner  of  any  lot  or  parcel  of  ground,  street  or 
alley,  or  to  show  the  grade  of  any  street,  alley  or  sidewalk 
of  the  city,  shall,  on  conviction,  be  fined  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  each  offense. 


THE  CITY  OF  SPRINGFIELD. 


279 


Article  V. 


OFFENSES  RELATING  TO  SUNDAY. 

518.  Whoever  shall,  on  Sunday,  disturb  the  peace,  or 
shall  purposely  or  heedlessly  interrupt  or  annoy  any  con- 
gregation met  for  religious  worship,  or  any  lawful  assem- 
blage, within  the  city  of  Springfield,  shall,  for  each  offense, 
be  subject  to  a fine  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars. 

519.  No  boy  or  other  person  shall,  on  Sunday,  engage 
in  or  pursue  any  exercise,  game  or  sport,  calculated  to  dis- 
turb the  peace  and  quiet  of  any  citizen,  or  of  any  family, 
within  said  city,  under  a penalty  of  not  exceeding  five  dol- 
lars. 

520.  Whoever  shall,  on  Sunday,  keep  open  any  billiard 
room,  ball  or  pin  alley,  base-ball  grounds,  or  other  such  place 
of  amusement,  within  the  city,  or  shall  suffer  or  permit  per- 
sons to  assemble  therein  for  the  purpose  of  play  or  amuse- 
ment, shall,  for  each  offense,  be  subject  to  a fine  of  not 
less  than  ten  dollars  nor  more  than  fifty  dollars. 

521.  Whoever  shall,  on  Sunday,  keep  open,  or  permit 
to  be  kept  open,  his  place  of  business,  or  shall  pursue  his 
daily  labor  or  occupation,  within  said  city,  shall,  on  con- 
viction, be  fined  not  less  than  ten  dollars  nor  more  than 
fifty  dollars : Provided,  that  this  section  shall  not  be  appli- 
cable to  persons  who  conscientiously  observe  some  other  day 
of  the  week  as  the  Sabbath;  nor  in  cases  of  necessity  or 
of  charity ; nor  to  hotels,  eating  houses,  drug  stores,  tobacco 
stores,  barber  shops,  livery  stables,  or  street  cars. 

522.  No  retailer  of  liquors,  or  proprietor  or  keeper  of 
any  dram-shop  or  drinking  saloon,  shall,  within  said  city, 
keep  open,  or  permit  to  be  kept  open,  his  place  of  business, 
or  any  part  thereof,  on  Sunday;  nor  shall,  on  that  day, 
sell  or  deliver  any  intoxicating,  malt,  vinous,  mixed  or  fer- 
mented liquors,  or  permit  any  such  liquors  to  be  sold,  used, 
or  drank  in  his  place  of  business,  or  in  any  room  or  place 
adjacent  thereto,  subject  to  his  control  ; nor  shall,  on  that  day, 
allow  or  permit  any  person  or  persons  to  enter  or  frequent)  his 
place  of  business,  not  belonging  thereto  or  connected  the  re- 
with,  under  a penalty,  in  each  case,  of  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars;  and  a 
second  conviction  for  a violation  of  any  provision  ot  this 
section  shall  be  deemed  cause  for  revoking  the  license  of  the 
offender,  if  licensed. 


280 


GENERAL  ORDINANCES  OF 


523.  No  ordinary,  belonging  to  or  connected  with  any 
dram-shop,  drinking  saloon,  or  other  place  where  intoxicat- 
ing, malt,  vinous,  mixed  or  fermented  liquors  are  sold,  within 
said  city;  and  no  ordinary  in  which  there  is  a door  or  way 
of  access  to  any  place  adjacent  thereto  wherein  any  such 
liquors  are  sold  or  kept  for  sale,  shall  be  opened  or  kept 
open  on  Sunday,  under  a penalty  to  the  owner,  proprietor 
or  keeper  of  such  ordinary  of  twenty-five  dollars  for  each 
and  every  offense. 


Article  VI. 


OFFENSES  RELATING  TO  VAGRANTS  AND  PAUPERS. 

524.  Any  person  able  to  work  and  maintain  himself  or 
herself  in  some  legitimate  and  respectable  calling,  not  hav- 
ing visible  means  of  support,  who  shall  live  idly  without 
employment,  or  loiter  or  stroll  about  the  city,  begging,  or 
frequenting  gaming  houses,  disorderly  and  bawdy  houses, 
or  drinking  saloons,  or  shall  otherwise  lead  an  idle  or  pro- 
fligate life : or  any  person  who  shall  have  in  his  possession 
any  instrument  or  tool  used  for  counterfeiting,  or  for  the 
commission  of  burglary,  or  for  picking  locks  or  pockets,  or 
other  implement  or  device  used  by  cheats  and  swindlers, 
without  being  able  to  give  a good  and  satisfactory  account 
of  his  possession  of  the  same  ; or  who  shall  trespass  upon  pri- 
vate premises  in  the  night-time,  or  habitually  sleep  in  out-houses, 
stables,  lumber  yards,  or  in  railroad  cars,  without  being 
able  to  give  a satisfactory  account  of  himself ; and  all  habit- 
ual night-walkers,  or  persons  loitering  or  strolling  about  the 
streets  or  alleys  of  said  city  at  late  or  unusual  hours  of  the 
night,  shall  be  deemed  vagrants,  and,  upon  conviction 
thereof,  shall  be  fined  in  any  sum  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars,  or  imprisoned  in  the  city 
prison  and  work-house  not  exceeding  six  months. 

525.  Whoever  shall  knowingly  send,  bring  or  leave  any 
pauper  in  fhe  city  of  Springfield,  not  belonging  thereto,  or 
shall  aid  or  abet  the  same,  or  shall  supply  with  means  or 
assist  any  such  pauper,  or  person  likely  to  become  a pauper, 
to  come  into  or  remain  in  the  city,  in  order  that  he  or  she 
may  become  a charge  to  the  corporation,  shall  be  subject 
to  a penalty  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars  in  each  case.  It  shall  be  the  duty  of  all 
police  officers  to  see  that  the  provisions  of  this  section  are 
strictly  enforced. 


THE  CITY  OF  SPRINGFIELD. 


‘281 


CHAPTER  XIX. 

NUISANCES. 


Article  I.  Enumeration  of,  and  Penalties  for  Nuisances. 

II.  When  Buildings,  etc.,  a Nuisance— How  abated. 


Article  I. 

' / 


ENUMERATION  OF,  AND  PENALTIES  FOR  NUISANCES. 

Sec.  526.  Any  building  or  premises,  or  part  thereof, 
within  the  City  of  Springfield,  which  may  be  nauseous  or 
offensive  to  any  person  or  family  residing  near  the  same,  or 
to  persons  passing  along  any  street  or  alley  near  thereby, 
or  which  may  be  in  such  condition  as  to  be  detrimental  or 
injurious  to  the  public  health  or  comfort,  shall  be  deemed 
to  be  a nuisance;  and  any  owner,  occupant  or  agent  of  such 
premises,  who  shall  neglect  or  refuse  to  abate  such  nuis- 
ance, after  notice  to  do  so  by  the  health  officer,  or  any 
member  of  the  police  force,  shall  be  subject  to  a fine  of  not 
less  than  three  dollars  nor  more  than  twenty  dollars,  and  to 
a further  fine  of  one  dollar  for  each  day,  after  the  first  con- 
viction, that  he  shall  fail  to  abate  said  nuisance. 

527. ^  Any  pig-pen,  stable,  or  place  in  which  swine  or 
other  animals  are  kept,  which  may  be  offensive  or  nauseous 
to  any  person  residing  in  the  vicinity  of  the  same,  or  to 
persons  passing  along  any  street  or  alley  near  the  same,  is 
hereby  declared  to  be  a nuisance ; and  the  owner  or  keeper 
of  such  pen,  swine  or  other  animals,  or  the  owner  or  oc- 
cupant of  the  premises,  who  shall  fail,  neglect  or  refuse  to 
abate  such  nuisance,  after  notice  to  do  so  by  the  health- 
officer  of  the  city,  or  any  policeman,  or  person  aggrieved 
thereby,  shall,  upon  conviction,  be  fined  not  less  than  three 
dollars  nor  more  than  twenty  dollars,  and  shall  be  subject 
to  a further  fine  of  one  dollar  for  each  day  thereafter  that 
he  shall  fail  to  remedy  or  abate  said  nuisance. 

528.  Whoever  shall,  within  the  city,  place  or  throw,  or 
permit  to  be  discharged,  or  to  flow  from  or  out  of  any  house 
or  premises,  any  hlthy,  foul  or  offensive  matter  or  liquid  of 


282 


GENERAL  ORDINANCES  OF 


any  kind,  into  any  street,  alley  or  public  place,  or  upon  any 
adjacent  lot  or  ground,  or  shall  allow  or  permit  the  same 
to  be  done  by  any  person  connected  with  the  premises,  under 
his  or  her  control,  shall  be  deemed  guilty  of  a nuisance,  and 
shall,  upon  conviction,  be  fined  not  less  than  three  dollars 
nor  more  than  twenty  dollars  for  each  offense. 

529.  Any  lot,  ground  or  premises,  within  said  city,  upon 
which  stagnant  wa^er  may  be  standing  so  as  to  become  or 
likely  to  become  foul,  putrid  or  offensive,  or  detrimental  to 
the  health  and  comfort  of  persons  residing  in  the  vicinity 
thereof,  is  hereby  declared  to  be  a nuisance ; and  any  owner 
or  agent  of  such  lot  or  premises,  who  shall  fail  or  neglect 
to  abate  said  nuisance,  after  notice  to  do  so  by  the  health 
officer,  or  any  member  of  the  police  force,  shall  be  subject 
to  a fine  of  five  dollars,  and  to  a further  fine  of  one  dollar 
for  each  day,  after  the  first  conviction,  that  he  shall  so  fail 
to  abate  the  same. 

530.  When  any  nuisance,  or  anything  likely  to  become 
a nuisance,  may  be  found  upon  any  premises,  and  the  per- 
son causing  such  nuisance  is  unknown  or  cannot  be  found, 
the  owner,  agent,  or  occupant,  whose  duty  it  is  hereby  made 
to  abate  said  nuisance,  shall  not  promptly  comply  with  such 
notice,  he  shall  be  subject  to  a penalty  of  not  less  than  three 
dollars,  nor  more  than  ten  dollars. 

531.  Any  owner  or  lessee  of  any  livery  stable,  or  any 
person  having  the  management  or  control  of  any  gas-works,' 
paper  mill,  or  other  manufacturing  establishment  in  said 
city,  who  shall  suffer  or  permit  such  place  to  become  nause- 
ous, fohl  or  offensive,  or  to  be  in  such  a condition  as  to 
affect  the  health  or  comfort  of  persons  in  the  vicinity  there- 
of, shall  be  deemed  guilty  of  maintaining  a nuisance,  and 
shall  incur  a penalty  of  five  dollars  for  each  day  they  shall 
fail  to  remedy  or  abate  any  such  nuisance,  after, notice  to 
do  so  by  the  mayor,  the  health  officer,  or  any  member  of 
the  police  force. 

532.  All  cattle  pens,  stock  lots,  stock  yards,  chutes  and 
other  places  within  the  city,  used  for  shipping,  loading  or 
unloading  any  horses,  mules,  cattle,  sheep,  or  hogs,  which 
may  be  detrimental  or  obnoxious  to  the  health  or  comfort  of 
persons  residing  or  doing  business  in  the  neighborhood  of 
the  same,  by  reason  of  the  filthy  condition  thereof,  are  hereby 
declared  to  be  nuisances ; and  any  person  having  charge  or 
control  of  such  cattle  pens  or  stock  yards,  who  shall  neglect 
or  refuse  to  remedy  or  abate  said  nuisance,  after  being  no- 
tified to  do  so  by  the  health  inspector  or  any  police  officer, 
or  any  person  aggrieved  thereby,  shall  be  subject  to  a 


THE  CITY  OF  SPRINGFIELD. 


283 


penalty  of  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars,  and  to  a further  penalty  of  three  dollars  for  every 
day  after  the  first  conviction  that  said  nuisance  shall  be 
continued. 

533.  Whoever  shall,  within  said  city,  butcher  or  slaughter 
any  cattle,  sheep,  swine,  or  other  animals,  or  use  any  build- 
ing or  premises  for  that  purpose,  shall  be  deemed  guilty  of 
creating  a nuisance ; or  whoever  shall,  within  the  distance 
of  one  mile  without  the  city  limits,  establish  any  slaughter 
or  packing  house,  or  carry  on  the  business  of  slaugtering  or 
butchering  stock,  without  obtaining  the  permission  of  the 
city  council  therefor,  shall  be  deemed  guilty  of  a nuisance; 
or  whoever,  having  obtained  permission  of  the  city  council, 
shall  conduct  or  carry  on  the  business  of  slaughtering  or 
butchering  in  such  manner  as  to  taint  the  air  so  that  the 
same  shall  become  offensive,  annoying  and  unwholesome  to 
persons  residing  in  the  neighborhood  thereof,  shall  be  deemed 
guilty  of  a nuisance.  Any  person  or  persons  causing  or  con- 
tinuing any  such  nuisance,  or  failing  to  keep  his  or  their 
premises  in  a clean  and  inoffensive  condition,  shall  be  sub- 
ject to  a fine  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars  in  each  case,  and  to  a further  fine  of 
ten  dollars  for  each  day  after  the  first  conviction  that  any 
such  nuisance  shall  remain. 

534.  Whoever  shall,  within  the  limits  of  the  city  of 
Springfield,  establish  or  maintain  any  tallow  chandlery,  tan- 
nery, bone  or  soap  factory,  or  shall  steam,  boil  or  render 
any  tainted  lard,  tallow,  offal,  or  other  unwholesome  animal 
substance,  shall  be  deemed  guilty  of  a nuisance ; or  whoever 
shall  without  the  city  limits,  and  within  one  mile  thereof, 
establish  or  maintain  any  such  chandlery,  factory,  tannery, 
or  rendery,  without  first  obtaining  the  consent  of  the  city 
council;  or  whoever,  having  obtained  such  permission  and 
consent,  shall  so  conduct  or  carry  on  any  such  business  as 
to  taint  the  air  and  render  it  offensive  or  unwholesome,  or 
so  as  to  affect  the  health  or  comfort  of  persons  residing  in 
the  neighborhood  thereof,  shall  be  deemed  guilty  of  a nuis- 
ance, and  shall  be  subject  to  a fine  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  offense, 
and  to  a further  fine  of  ten  dollars  for  each  day  after  the 
first  conviction  that  any  such  nuisance  shall  be  continued. 

535.  It  shall  be  the  duty  of  the  board  of  health  and  of 
the  superintendent  of  police,  from  time  to  time,  and  as 
often  fis  once  a month,  between  the  first  day  of  May  and 
the  first  day  of  October  in  each  year,  to  visit  and  inspect  all 
slaughter  or  packing  houses,  bone  or  soap  factories,  lard  or 


284 


GENERAL  ORDINANCES  OF 


tallow  renderies,  or  other  like  establishments  within  the 
jurisdiction  of  the  city  council  of  said  city,  and  to  prosecute, 
or  cause  to  be  prosecuted,  all  persons  violating  any  of  the 
provisions  of  this  article. 

Article  II. 

WHEN  BUILDINGS,  ETC.,  A NUISANCE — HOW  ABATED. 

536.  Any  building,  or  part  thereof,  within  the  city  of 
Springfield,  which  shall  be  in  danger  of  falling,  or  otherwise 
in  such  a condition  as  to  be  unsafe  for  persons  passing  under 
or  near  the  same,  or  residing  adjacent  thereto,  or  to  endanger 
any  property  contiguous  thereto,  is  hereby  declared  to  be  a 
nuisance ; and  when  any  such  nuisance  shall  be  found  by 
the  superintendent  of  police,  or  any  police  officer,  or  be 
reported  to  him  by  any  person  annoyed  thereby,  he  shall 
forthwith  notify  the  owner  or  agent  of  the  property  to  abate 
said  nuisance,  and  the  owner  or  agent  shall  thereupon  pro- 
ceed to  remedy  or  abate  the  same,  under  a penalty  of 
three  dollars  for  each  day  after  such  notice  that  he  shall 
permit  said  nuisance  to  continue.  In  case  the  owner  or 
agent  of  the  building  can  not  be  found,  the  officer  shall  report 
the  fact  to  the  city  council,  who  may  order  the  tearing  down 
and  removal  of  any  such  building  or  part  thereof. 

537.  Any  wooden  building,  or  wooden  part  of  any  build- 
ing within  the  fire  limits,  which  may  be  located  within  thirty 
feet'  of  any  adjacent  building,  and  which  shall  be  so  dilapi- 
dated or  out  of  repair  as  to  be  untenantable,  is  hereby 
declared  a nuisance  ; and  when  any  such  nuisance  shall  come 
to  the  knowledge  of  the  fire  marshal,  or  any  police  officer, 
he  shall  forthwith  notify  the  owner  or  agent  of  such  build- 
ing to  remedy  or  abate  said  nuisance,  and  the  owner  or 
agent  shall  thereupon  proceed  to  abate  the  same,  under  a 
penalty  of  three  dollars  for  each  day  after  such  notice  that 
he  shall  neglect  or  refuse  to  do  so ; and  the  city  council  may 
order  any  such  wooden  building,  or  part  of  wooden  building, 
to  be  taken  down  or  removed  by  the  superintendent  of  police. 

538.  All  scaffolds  or  other  erections  used  in  the  erection 
or  repair  of  any  building,  shall  be  made  secure  and  suffi- 
ciently wide  to  insure  the  safety  of  persons  working  there- 
on or  passing  -thereunder  agaist  the  falling  of  the  same,  or 
of  materials  placed  thereon.  Any  scaffold  or  other  like  erec- 
tion which  may  be  otherwise  constructed,  shall  be  deemed  a 
nuisance ; and  whoever  shall  erect  or  use  any  such  in- 
secure or  dangerous  scaffold  or  other  erection,  shall,  upon 
conviction  thereof,  be  fined  not  less  than  five  nor  more  than 
fifty  dollars,  and  shall  be  liable  to  a like  fine  for  every  day 
thereafter  he  shall  fail  to  remedy  or  abate  the  same. 


THE  CITY  OF  SPRINGFIELD. 


285 


533.  Every  tenement  in  said  city  used  as  a dwelling  house, 
and  every  factory  or  other  business  building,  shall  be  fur- 
nished by  the  owner  or  agent  of  the  same  with  a suitable  privy 
or  water  closet.  Privies  for  dwellings  shall  be  sunk  in  the 
ground  at  least  six  feet  deep,  and  not  less  than  eight  feet  deep 
for  other  buildmgs,  and  shall  be  walled  up  with  brick  or  stone, 
or  curbed  with  two-inch  plank,  and  shall  be  constructed  so 
that  the  outside  wall  thereof  shall  be  at  least  three  feet  distant 
from  the  line  of  every  adjoining  lot,  unless  the  owner  of  such 
adjoining  lot  shall  otherwise  agree,  and  shall  also  be  at  least 
three  feet  distant  from  any  alley,  and  at  least  five  feet  from 
any  street  or  avenue  ; and  every  owner  or  agent  of  any  premises, 
who  shall  violate  or  fail  to  comply  with  any  of  the  provi- 
sions of  this  section  shall  be  deemed  guilty  of  a nuisance, 
and  shall,  upon  conviction  thereof,  be  fined  not  less  than 
five  dollars  nor  more  than  twenty-five  dollars,  and  shall  be 
subject  to  a further  fine  of  one  dollar  for  each  day  there- 
after he  shall  fail  to  remedy  said  nuisance. 

540.  Whenever  any  privy  or  privy  vault  shall  be  kept 
or  permitted  to  remain  in  such  a condition  as  to  become 
offensive  or  unwholesome  to  any  person  or  persons  in  the 
vicinity  thereof,  the  same  shall  be  deemed  a nuisance ; and 
any  owner  or  occupant  of  the  premises  upon  which  such  privy 
is  located,  who  shall  neglect  or  refuse  to  abate  said  nuisance 
after  being  notified  to  do  so  by  the  health  officer,  or  any 
police  officer,  or  by  any  person  aggrieved  thereby,  shall,  on 
conviction,  be  fined  not  exceeding  five  dollars,  and  shall 
incur  a further  fine  of  one  dollar  for  every  day  thereafter  he 
shall  allow  such  nuisance  to  continue. 

541.  No  privy  or  privy  vault  shall  be  cleaned  or  emptied 
at  any  other  time  than  between  the  hours  of  ten  o’clock  p.  m. 
and  five  o’clock  a.  m.  ; and  the  contents  of  such  privy  or 
vault  shall  be  carefully  removed  beyond  the  city  limits.  Any 
person  violating  the  provisions  of  this  section,  shall,  on  con- 
viction thereof,  be  fined  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  each  offense. 

542.  Whoever  shall  create,  commit,  permit  or  continue 
a nuisance  of  any  kind  or  description  in,  upon  or  about  any 
private  property,  or  in  any  public  place,  within  the  city, 
w^hich  may  affect  the  health,  comfort  or  convenience  of  per- 
sons residing  or  doing  business  in  the  vicinity  thereof,  shall, 
upon  conviction,  be  fined  in  any  sum  not  less  than  three 
nor  more  than  one  hundred  dollars.  All  nuisances  not 
defined  by  or  provided  for  in  this  chapter  or  ordinance,  but 
which  are  known  to  and  provided  for  by  the  Statutes  of  this 
State,  are  hereby  declared  to  be  nuisances,  and  may  be  pro- 
ceeded against  under- the  provisions  of  this  section. 


286 


GENERAL  ORDINANCES  OF 


CHAPTER  XX. 

OFFICEKS. 


Aeticle  I.  General  Provisions. 

II.  Removal  of  Officers. 


Article  I. 


GENERAL  PROVISIONS. 

Sec.  543.  No  person  shall  be  eligible  to  any  office  under 
the  city  government  who  is  not  a qualified  elector  of  the  city 
of  Springfield,  and  who  shall  not  have  resided  therein  at  least 
one  year  next  preceding  his  election  or  appointment,  nor 
shall  any  person  be  eligible  to  any  office  who  is  a defaulter 
to  the  corporation. 

544.  All  officers  of  said  city,  whether  elected  or  appointed, 
shall,  before  entering  upon  the  duties  of  their  respective 
offices,  take  and  subscribe  the  oath  or  affirmation  prescribed 
by  law  therefor,  and  all  such  officers,  except  aldermen,  shall 
execute  a bond,  with  at  least  two  good  and  sufficient  sure- 
ties, to  be  approved  by  the  city  council,  payable  to  the  city 
of  Springfield,  in  such  penal  sum  as  may  be  directed  by 
ordinance  or  resolution  of  said  council,  conditioned  for  the 
faithful  performance  of  the  duties  of  the  office,  and  for  the 
payment  of  all  moneys  received  by  such  officer,  according  to 
law  and  the  ordinances  of  said  city. 

545.  The  execution  of  such  official  bond  shall  be  acknowl- 
edged by  the  officer  and  his  sureties  before  some  person 
authorized  by  law  to  take  the  acknowledgment  of  deeds,  who 
shall  make  thereon  a certificate  of  such  acknowledgment; 
and  upon  the  approval  of  such  bond  by  the  city  council,  the 
city  clerk  shall  indorse  the  date  of  approval  on  the  bond,  and 
shall  file  the  same  in  his  office,  together  with  the  oath  of 
such  officer. 


THE  CITY  OF  SPRINGFIELD. 


287 


546.  The  city  council  may  require  any  officer  of  said  city, 
who  is  required  by  law  to  give  an  official  bond,  to  furnish 
additional  security,  or  execute  a new  bond,  whenever  the 
security  of  the  original  bond  has  become  insufficient  by  the 
insolvency,  death  or  removal  of  the  sureties,  or  any  of  them, 
or  when,  for  any  cause,  such  bond  shall  be  deemed  insuffi- 
cient. Any  officer  who  shall  fail  to  furnish  additional  secu- 
rity, or  give  a new  bond,  when  so  required  by  the  city  council, 
within  ten  days  after  he  is  notified  in  writing  of  such  re- 
quirement, shall  be  deemed  to  have  vacated  his  office. 

547.  When  any  person  elected  or  appointed  to  any  city 
office  shall  have  qualified  as  aforesaid,  the  city  clerk  shall 
make  out  and  deliver  to  such  officer  [except  the  mayor,  clerk 
and  aldermen,]  a commission,  under  the  corporate  seal, 
signed  by  the  clerk  and  the  mayor,  or  the  presiding  officer 
of  the  city  council.  The  mayor  shall  issue  a certificate  of 
election  to  the  clerk,  under  the  seal  of  the  corporation. 

548.  The  commission  issued  by  the  city  clerk  may  be, 
substantially,  in  the  following  form : 

Mayor  of  the  City  of  Springfield. 

To  all  to  whom  these  presents  shall  come,  greeting: 

Know  ye,  That  having  been  duly  elected  [or  ap- 
pointed, as  the  ease  may  be,]  to  the  office  of  of  the 

City  of  Springfield.  I Mayor  of  said  city,  for  and  in 

behalf  of  the  people  thereof,  do  hereby  commission  him  , 

in  and  for  said  city;  to  have  and  to  possess  said  office,  with  all  the  rights, 
powers  and  emoluments  incident  thereto,  and  with  authority  to  execute  all  the 
duties  thereof,  according  to  law  and  ordinance,  until  his  successor  shall  be  duly 
chosen  and  qualified. 

In  testimony  whereof,  I have  hereunto  set  my  hand,  and  caused  the  corporate 

seal  of  said  city  to  be  affixed,  this day  of A.  D. 

one  thousand  eight  hundred  and  eighty- 

By  the  Mayor.  

Mayor. 

City  Clerk. 


549.  All  officers  of  said  city  shall,  in  addition  to  the  re- 
ports by  this  ordinance  required  to  be  made  by  them,  report 
in  writing  to  the  mayor,  when  so  required,  the  condition  and 
business  of  their  respective  offices  or  departments,  and  all 
matters  therein  touching  the  interests  of  the  city ; and  all 
such  officers  shall,  when  requested,  give  all  the  information 
in  their  power  pertaining  to  their  offices,  to  the  mayor,  the 
city  council,  or  any  committee  thereof. 

550.  All  officers  shall  be  liable  to  the  city  for  all  loss  or 
damage  that  may  result  thereto  from  their  negligence  or  will- 
ful misconduct  in  the  discharge  of  any  official  duty ; and  the 
city  council  may,  in  its  discretion,  by  order,  withhold  the 
salary  of  any  such  officer  in  order  to  secure  the  corporation 
from  loss. 


288 


GENERAL  ORDINANCES  OF 


551.  If  the  mayor,  or  other  city  officer,  shall,  during  his 
official  term,  remove  beyond  the  limits  of  the  city,  his  office 
shall  thereby  become  vacant ; and  if  any  alderman  shall  re- 
move from  the  ward  in  and  for  which  he  was  elected,  his 
office  shall  thereby  become  vacant. 

552.  Any  officer  who  may  desire  to  be  temporarily  absent 
from  the  city,  shall  apply  to  the  city  council,  if  in  session, 
or,  if  not,  to  the  mayor,  for  leave  of  absence,  which  may  be 
granted  by  the  mayor  for  any  time  not  exceeding  one  month, 
and  by  the  city  council  for  any  time  not  exceeding  three 
months.  Any  officer  who  shall  absent  himself  from  said  city 
for  more  than  one  week,  without  obtaining  such  leave  of 
absence,  shall  incur  a penalty  of  twenty-five  dollars  for 
every  such  offense. 

553.  No  city  officer  shall  be  a contractor  for  any  city 
work,  or  be  directly  or  indirectly  interested  in  any  contract, 
work  or  business  of  the  city;  nor  in  the  hiring  of  any  carts 
or  teams  upon  any  work  of  the  city  coming  under  his  super- 
vision; nor  in  the  purchase  of  any  real  estate  or  other 
property  belonging  to  the  corporation,  or  which  may  be  sold 
for  taxes  or  assessments,  or  by  virtue  of  legal  process  at  the 
suit  of  said  corporation,  under  a penalty  of  not  less  than 
twenty-five  dollars  nor  more  than  two  hundred  dollars  for 
each  offense. 

554.  Whoever  shall  falsely  represent  himself  to  be  an 
officer  of  the  city  of  Springfield,  and  especially  a police 
officer ; or  whoever  shall,  without  due  authority,  exercise,  or 
attempt  to  exercise,  any  of  the  powers  or  functions  of  any 
officer ; or  shall,  without  due  authority,  wear  any  star,  badge 
or  mark  purporting  to  be  that  of  a policeman  or  fireman  of 
the  city,  shall  be  subject  to  a fine  of  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars  for  each  offense, 

555.  Any  person  having  been  an  officer  of  said  city 
shall,  within  five  days  after  notification  and  request  thereto, 
deliver  to  his  successor  in  office  all  property,  books  and 
effects  of  every  description,  in  his  possession  or  control,  be- 
longing to  the  city,  or  appertaining  to  his  said  office ; and 
upon  his  neglect  or  refusal  to  do  so,  he  shall  be  subject  to  a 
penalty  of  not  less  than  twenty-five  dollars  nor  more  than 
two  hundred  dollars,  and  shall  also  be  liable  in  a separate 
suit  for  all  damages  caused  by  such  neglect  or  refusal. 


THE  CITY  OF  SPRINGFIELD. 


289 


Article  II. 


REMOVAL  OF  OFFICERS. 

556.  The  mayor  of  the  City  of  Springfield  shall  have 
power  to  remove  any  officer  appointed  by  him,  or  with  his 
consent,  upon  any  formal  charge,  whenever  he  shall  be  of 
the  opinion  that  the  interests  of  the  city  demand  such 
removal ; but  he  shall  report  the  reasons  therefor  to  the  city 
council  at  a meeting  to  be  held  not  less  than  five  days  nor 
more  than  ten  days  after  such  removal;  and  if  the  mayor 
shall  fail  to  so  report  to  the  council,  or  to  file  with  the  city 
clerk  a statement  of  his  reasons  for  such  removal,  or  if  the 
city  council,  by  a two-thirds  vote  of  all  the  members  author- 
ized by  law  to  be  elected,  by  yeas  and  nays,  to  be  entered 
upon  its  journal,  shall  disapprove  of  such  removal,  such 
officer  shall  thereupon  become  restored  to  the  office  from 
which  he  was  so  removed ; but  he  shall  take  a new  oath  of 
office  and  execute  a new  bond  to  the  corporation. 

557.  No  officer  of  the  city,  removed  from  office  as  afore- 
said, shall  draw  or  receive  any  salary  from  and  after  the 
date  of  such  removal  by  the  mayor,  unless  restored  to  his 
office  by  vote  of  the  city  council,  and,  in  the  latter  case,  he 
shall  not  be  entitled  to  draw  any  salary  for  or  during  the 
time  of  such  removal. 

558.  Whenever  any  charge  shall  be  preferred  against  any 
alderman,  or  other  officer  of  the  corporation,  upon  which 
action  may  be  taken  by  the  city  council,  the  same  shall  be 
referred  to  an  appropriate  standing  or  special  committee  of 
that  body,  whose  duty  it  shall  be  to  examine  and  report  as 
to  whether  such  charge  is  well  founded  or  not,  and  such 
committee  may,  when  deemed  necessary,  be  empowered  to 
send  for  persons  and  papers. 

559.  It  shall  be  the  duty  of  the  city  clerk  to  issue  sum- 
mons, under  the  corporate  seal  (signed  by  the  mayor),  for 
all  witnesses,  and  the  production  of  all  papers,  that  may  be 
required  before  the  city  council,  or  any  committee  thereof, 
and  deliver  the  same  to  the  superintendent  of  police,  or  any 
police  officer,  who  shall  serve  such  summons  by  reading  or 
delivering  a copy  thereof  to  the  person  summoned,  and  make 
return  in  what  manner  he  has  executed  the  same.  Any 
person  who  shall  neglect  or  refuse  to  appear  or  testify  when 
so  suminoned,  or  to  produce  any  papers  in  his  possession  or 
under  his  control  pertaining  to  any  such  investigation  by 

—19 


290 


GENERAL  ORDINANCES  OF 


the  city  council,  or  any  committee  thereof,  shall  incur  a 
penalty  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars  for  each  offense,  and  he  may  be  compelled  to  appear 
and  testify  in  any  other  legal  manner. 

560.  If  any  city  officer,  whether  elected  or  appointed, 
shall  willfully  neglect  or  refuse  to  perform  any  duty  required 
of  him  by  the  laws  or  ordinances  of  the  city,  or  shall,  at 
any  time,  willfully  and  corruptly  be  guilty  of  oppression, 
malfeasance  or  misfeasance  in  the  discharge  of  the  duties  of 
his  office,  he  shall  be  liable  to  a fine  of  not  less  than 
twenty-five  dollars  nor  more  than  two  hundred  dollars  for 
each  offense ; and  he  may  be  proceeded  against  in  any  court 
of  competent  jurisdiction,  and  removed  from  office,  as  pro- 
vided  by  law  in  such  case. 


THE  CITY  OF  SPRINGFIELD. 


291 


CHAPTER  XXL 

0EDINANCE8. 


Article  I. 

Sec.  561.  All  ordinances  passed  by  the  city  council  of 
the  city  of  Springfield,  shall  be  deposited  in  the  office  of 
the  city  clerk,  and  shall  be  duly  recorded  by  the  clerk  in 
the  record  book  of  ordinances,  and  appropriately  indexed  by 
their  titles  or  subjects. 

562.  The  city  clerk  shall  file  and  carefully  preserve  the 
originals  of  all  ordinances  deposited  in  his  office.  He  may 
correct  any  errors  in  the  numbering  of  any  chapter,  article 
or  section  of  any  ordinance,  and  insert  the  proper  numbers ; 
and  he  may  omit  words  inserted,  or  supply,  with  brackets, 
words  omitted,  by  clerical  mistake. 

563.  He  shall  cause  every  ordinance  of  the  city  council 
making  any  appropriation,  or  imposing  any  fine,  penalty, 
forfeiture  or  imprisonment,  to  be  published  at  least  once  in 
some  newspaper  printed  and  published  in  said  city,  within 
one  month  after  the  passage  thereof,  and  it  shall  be  his 
duty  to  see  that  the  same  is  correctly  printed  and  pub- 
lished : Provided,  that  nothing  in  this  section  contained 
shall  be  deemed  to  apply  to  any  ordinance  included  in  any 
revision  or  compilation  of  ordinances,  which  may  be  col- 
lectively published  in  book  or  pamphlet  form,  by  authority 
of  the  city  council. 

564.  Said  clerk  shall  make,  at  the  foot  of  the  record  of 
each  ordinance  recorded  as  aforesaid,  a memorandum  of 
the  date  of  its  passage,  and  of  the  publication  of  such  ordi- 
nance (when  required  to  be  published),  which  record  or 
memorandum,  or  a certified  copy  thereof,  shall  be  prima 
facie  evidence  of  the  passage  and  legal  publication  of  such 
ordinance  for  all  purposes  whatsoever. 

565.  All  ordinances  of  the  city  council,  required  to  be 
published,  shall  take  effect  ten  days  after  the  due  publica- 
tion thereof ; and  all  other  ordinances,  resolutions  and 
orders  shall  take  effect  and  be  in  force  from  and  after  their 
passage,  unless  otherwise  therein  provided. 


292 


GENERAL  ORDINANCES  OF 


566.  The  revised  ordinances  of  said  city,  when  published' 
in  book  form,  by  authority  of  the  city  council,  shall  be 
deposited  in  the  office  of  the  city  clerk.  He  shall  deliver 
one  copy  thereof  to  each  officer  of  the  corporation,  and  to 
such  other  persons  as  the  mayor  or  city  council  may  direct. 

567.  When  any  ordinance  or  part  thereof  shall  be  re- 
pealed or  modified  by  a subsequent  ordinance,  the  ordinance 
or  part  thereof,  so  repealed  or  modified,  shall  continue  in 
force  until  the  taking  effect  of  the  ordinance  repealing  or 
modifying  the  same.  No  ordinance  or  part  thereof,  repealed 
by  the  city  council,  shall  be  deemed  to  be  revived  by  the 
repeal  of  the  repealing  ordinance,  unless  it  shall  be  therein 
so  expressly  provided. 

568.  No  suit,  proceeding,  fine,  penalty,  forfeiture,  debt, 
right,  or  other  liability  whatever,  instituted,  incurred,  created, 
given  or  accrued,  by  or  under  any  ordinance  of  the  city 
prior  to  its  repeal  or  modification,  shall  be  annulled,  released, 
discharged,  or  in  anywise  affected  by  the  passage  of  such 
repealing  or  modifying  ordinance ; but  the  same  may  be 
prosecuted,  recovered,  completed  and  enjoyed,  as  fully  in  all 
respects  as  if  such  ordinance  or  part  thereof  had  remained 
in  full  force,  unless  otherwise  expressly  provided  in  the 
ordinance  making  such  repeal. 

569.  Whenever,  in  any  ordinance,  words  importing  the 
singular  number  are  used  in  describing  or  referring  to  any 
person  or  subject  matter,  such  words  shall  be  deemed  to 
extend  to  and  include  several  persons,  matters  or  subjects; 
and  words  used  collectively,  or  importing  the  plural  number, 
shall  be  deemed  to  extend  to  and  embrace  any  single  person, 
matter  or  subject,  as  well  as  several ; and  when  any  person 
or  subject  matter  shall  be  named,  described  or  referred  to 
by  words  importing  the  masculine  gender,  or  by  general 
terms,  females  as  well  as  males  shall  be  deemed  included 
in  the  meaning  thereof  ; and  the  words  ‘‘person”  or  “per- 
sons,” or  words  importing  any  person  or  persons,  shall  be 
deemed  to  include  bodies  corporate  as  well  as  individuals : 
Provided,  that  these  rules  of  construction  shall  not  be  appli- 
cable to  any  ordinance  which  shall  contain  any  express 
provision  excluding  such  construction,  or  where  the  context 
or  subject  matter  of  such  ordinance  may  be  repugnant 
thereto. 

570.  When  the  provisions  of  different  ordinances,  or  of 
the  different  chapters  of  any  ordinance,  conflict  with  or  con- 
travene each  other,  the  provisions  and  requirements  of  each 
ordinance  or  chapter  shall  prevail  as  to  all  subjects,  matters 
and  questions  embraced  within,  or  arising  out  of,  the  subject 


THE  CITY  OF  SPRINGFIELD. 


293 


matter  thereof.  But  if  different  or  conflicting  provisions  be 
found  in  different  sections  of  the  same  ordinance  or  chapter, 
the  provisions  of  the  section  last  in  numerical  order  shall 
prevail,  unless  such  construction  woUld  be  repugnant  to  or 
inconsistent  with  the  obvious  meaning  of  such  ordinance  or 
chapter. 

571.  The  word  “court,”  when  used  in  any  ordinance, 
shall  be  construed  to  mean  any  court  of  competent  juris- 
diction, whether  police  magistrate’s  court,  justice  of  the 
peace,  or  court  of  record.  The  word  “month,”  when  used 
in  any  ordinance,  shall  be  construed  to  mean  a calendar 
month;  and  the  word  “oath”  shall  be  deemed  to  include 
an  affirmation,  and  the  word  “sworn”  to  mean  sworn  or 
affirmed. 

572.  When,  in  any  ordinance,  any  act  or  duty  shall  be 
required  to  be  done  within  a “reasonable  time,”  or  upon  a 
“reasonable  notice,”  such  reasonable  time  or  reasonable 
notice  shall  be  deemed  to  mean  such  time  only  as  may  be 
necessary  in  the  prompt  execution  of  such  duty,  or  a com- 
pliance with  such  notice,  and  the  words  “written”  and  “in 
writing”  shall  be  deemed  to  include  printing. 

573.  When  any  power  shall  be  vested  in  or  duty  required 
of  the  mayor,  the  same  shall  be  deemed  to  extend  to  and 
embrace,  and  may  be  exercised  by,  the  acting  mayor  also ; 
and  when  any  power  shall  be  vested  in  or  duty  required  of 
the  superintendent  of  police,  the  same  shall  be  deemed  to 
extend  to  and  include,  and  may  be  exercised  by,  any  police 
officer,  unless  such  construction  would  be  contrary  to  the 
terms  of  the  ordinance  vesting  such  power  or  requiring  such 
duty. 

574.  When  any  fine  or  penalty  shall  be  provided  by 
different  ordinances,  or  by  different  sections  or  clauses  of 
the  ordinances  of  the  city,  for  the  same  offense,  the  officer 
or  person  prosecuting  may  elect  under  which  ordinance  or 
section  to  proceed ; but  not  more  than  one  recovery  shall 
be  had  against  the  same  person  for  the  same  offense. 

575.  Whenever  a minimum  but  no  maximum  fine  or 
penalty  is  imposed  by  ordinance,  the  court  may,  in  its  dis- 
cretion, adjudge  the  offender  or  offenders  to  pay  any  sum 
of  money  over  and  above  the  minimum  fine  or  penalty  so 
fixed,  not  exceeding  the  sum  of  two  hundred  dollars. 

576.  All  general  provisions,  terms,  phrases  and  expres- 
sions, used  in  this  or  any  ordinance  hereafter  passed,  shall 
be  liberally  construed,  in  order  that  the  true  intent  and 
meaning  of  the  city  council  .may  be  carried  out. 


294 


GENERAL  ORDINANCES  OF 


CHAPTER  XXll. 

EAILEOADS. 

Aeticle  I.  steam  Railroads. 

II.  Horse  Railroads. 


Article  I. 

STEAM  RAILROADS. 

Sec.  577.  It  shall  be  the  duty  of  all  railroad  companies 
or  corporations,  whose  tracks  now,  or  may  hereafter,  enter 
or  pass  through  the  corporate  limits  of  the  city  of  Spring- 
field,  to  raise  or  lower  their  respective  tracks  to  conform  to 
any  grade  which  is  or  may  be  established  by  the  city  coun- 
cil, of  any  street,  avenue  or  alley,  upon  or  through  which 
said  railroad  tracks  may  run,  and  where  such  tracks  run 
lengthwise  of  any  street,  avenue  or  alley,  to  keep  the  same 
on  a level  with  the  street  or  alley  surface,  so  that  such 
tracks  may  be  conveniently  crossed  at  any  place  on  such 
street  or  alley ; and  to  make  and  keep  open  and  in  repair 
suitable  ditches,  drains,  sewers  and  culverts  along  and  under 
their  respective  railroad  tracks,  so  that  the  natural  drainage 
of  the  adjacent  property  shall  not  be  impeded;  and  to  con- 
struct and  keep  in  repair  suitable  and  convenient  crossings 
at  the  intersections  of  their  said  tracks  with  any  street, 
avenue  or  alley  in  said  city;  and  to  so  construct  and  lay 
down  their  said  tracks  as  to  interfere  as  little  as  possible 
with  ordinary  travel  upon  or  over  the  streets,  avenues  or 
alleys  occupied  or  used  by  them.  Any  such  railroad  com- 
pany or  corporation  failing,  neglecting  or  refusing  to  com- 
ply with  any  of  the  foregoing  requirements  of  this  section, 
after  reasonable  notice  to  do  so,  in  writing,  by  the  street 
superintendent  or  other  city  officer,  shall  be  subject  to  a 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  two 
hundred  dollars  for  each  offense ; and  the  recovery  of  one 
fine  shall  be  no  bar  to  future  prosecutions  for  a like  failure 
or  neglect. 

578.  Whenever  any  street  crossing,  culvert  or  bridge, 
shall  be  needed  upon  the  line  of  any  railroad  within  said 
city,  or  shall  need  to  be  altered  or  repaired,  and  the  same 
shall  have  been  ordered  by  the  city  council,  it  shall  be  the 


THE  CITY  OF  SPRINGFIELD. 


295 


duty  of  the  superintendent  of  streets  to  give  to  the  railroad 
company  notice,  in  writing,  of  the  work  to  be  done  and 
place  where  required ; and  every  railroad  company  or  cor- 
poration neglecting  or  refusing  to  construct,  alter  or  repair 
any  such  crossing,  culvert  or  bridge,  within  thirty  days  after 
the  service  of  said  notice,  shall  thereafter  be  subject  to  a 
fine  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars 
for  each  and  every  day  of  such  neglect  or  refusal.  ^ 

579.  In  case  of  the  failure  or  refusal  of  any  railroad 
company  or  corporation  to  construct  or  repair  any  crossing, 
culvert  or  bridge,  when  duly  notified  so  to  do,  as  provided 
in  the  preceding  section  of  this  article,  the  city  council  may 
order  such  crossing,  culvert  or  bridge  to  be  constructed, 
altered  or  repaired  at  the  expense  of  the  city,  and  such  rail- 
road company  shall  thereupon  be  liable  to  said  city,  in  an 
action  of  debt,  for  the  cost  and  expense  thereof. 

580.  Whenever  any  railroad  company  or  corporation 
shall,  in  pursuance  of  a resolution  or  order  of  the  city 
council,  be  notified  to  keep  a conspicuous  light  of  any  kind 
at  any  point  on  its  track  crossed  or  intersected  by  any  street 
or  avenue  of  said  city,  or  to  keep  a watchman  or  flagman 
at  any  such  point,  for  the  protection  of  persons  and  pro- 
perty against  injury  at  such  crossing,  it  shall  be  the  duty 
of  such  railroad  company  or  corporation,  at  its  own  expense, 
to  place  and  keep  such  light  as  required ; or  to  station  and 
retain  such  flagman,  whose  duty  it  shall  be  at  all  times  to 
signal  and  warn  persons  traveling  in  the  direction  of  the 
railroad  crossing,  when  there  is  danger  from  the  approach 
of  locomotive  engines  or  trains.  Any  railroad  company  or 
corporation  failing  or  refusing  to  comply  with  either  of  the 
requirements  of  this  section,  after  being  duly  notified  as 
aforesaid,  in  writing,  by  the  street  superintendent,  or  the 
superintendent  of  police,  shall  thereafter  be  liable  to  a fine 
of  not  less  than  twenty-five  dollars  nor  more  than  one  hun- 
dred dollars  for  each  offense ; and  every  day  of  such  failure 
or  refusal  to  comply  shall  be  deemed  a separate  offense. 

581.  No  railroad  company,  railroad  engineer,  train  con- 
ductor, or  other  person,  shall  obstruct  or  impede  any  street, 
alley,  sidewalk,  crossing,  or  other  thoroughfare  of  said  city, 
by  stopping  any  train  thereon,  or  by  leaving  any  locomotive 
engine,  car  or  cars  thereon  for  a longer  time  than  five  con- 
secutive minutes,  under  a penalty  of  twenty  dollars  for  each 
offense,  and  a further  penalty  of  ten  dollars  for  each  suc- 
ceeding five  minutes  that  the  obstruction  shall  be  allowed 
continuously  to  remain,  after  the  first  penalty  is  incurred: 
Provided,  that  where  any  such  obstruction  is  the  result  of 
some  unavoidable  accident  or  emergency,  beyond  the  control 
of  such  company  or  its  agents,  this  section  shall  not  apply. 


296 


GENERAL  ORDINANCES  OF 


582.  No  railroad  engineer,  fireman  or  other  person,  shall 
sound  the  whistle  at'  any  locomotive  engine  within  this  city, 
except  necessary  brake  signals,  and  such  as  may  be  abso- 
lutely necessary  to  avoid  accidents,  under  a penalty  not  ex- 
ceeding ten  dollars  for  each  offense. 

583.  No  railroad  company,  or  conductor,  engineer,  or 
other  employe  of  such  company,  managing  or  controlling 
any  locomotive  engine,  car  or  train,  upon  any  railroad  track, 
shall  run,  or  permit  to  be  run,  within  the  limits  of  said 
city,  any  passenger  train  or  car  at  a greater  rate  of  speed 
than  ten  miles  per  hour,  nor  any  freight  train  or  car  at  a 
greater  speed  than  six  miles  per  hour,  under  a penalty,  in 
either  case,  of  not  less  than  twenty  dollars  nor  more  than 
one  hundred  dollars. 

584.  The  bell  of  each  locomotive  engine  shall  be  rung 
continually,  while  running  upon  any  railroad  track  within 
said  city  ; and  every  locomotive  engine,  car  or  train  of  cars, 
running  in  the  night  time  on  any  railroad  track  in  the  city, 
shall  have  and  keep  a bright  and  conspicuous  light  at  the 
forward  end  of  such  locomotive  engine,  car  or  train  of  cars. 
If  such  engine  or  train  be  backing,  it  shall  have  a conspicu- 
ous light  at  the  rear  of  the  engine  or  train,  so  as  to  show 
the  direction  in  which  the  same  is  moving.  Any  railroad 
company  or  corporation,  or  any  agent  or  employe  of  such 
company  or  corporation,  who  shall  violate  or  fail  to  observe 
any  of  the  requirements  of  this  section,  shall  incur  a pen- 
alty of  not  less  than  five  dollars  nor  more  than  one  hun- 
dred dollars  for  each  offense. 

585.  No  railroad  company  or  corporation  shall  cause  or 
permit  the  cylinder  cock  or  cocks  of  any  of  their  several 
locomotive  engines  to  oe  opened,  so  as  to  allow  steam  to 
escape  therefrom,  at  any  time  while  running  upon  or  along 
any  railroad  track  in  any  street  or  avenue,  or  when  the  en- 
gine is  in  immediate  proximity  to  any  street  or  railroad 
crossing,  within  said  city,  under  a penalty  of  ten  dollars  for 
each  offense : Provided,  that  when  such  engine  shall  be 
standing  at  any  such  point  or  crossing  in  the  city,  and  for 
three  revolutions  of  the  driving  wheel  after  being  put  in 
motion,  the  said  cylinder  cocks  may  be  opened  for  the  pur- 
pose of  allowing  condensed  steam  to  escape. 


THE  CITY  OF  SPRINGFIELD. 


‘297 


Article  II. 

HORSE  RAILROADS. 

586.  It  shall  be  unlawful  for  any  company  or  person  to 
locate,  construct  or  use  any  track  for  any  horse  or  street 
railroad,  or  tramway,  in,  upon  or  along  any  street,  avenue 
or  alley  of  the  city  of  Springfield,  without  obtaining  the  per- 
mission, authority  and  consent  of  the  city  council  of  said 
city,  and  except  upon  a petition  of  the  owners  of  the  land 
representing  more  than  one-half  of  the  frontage  on  such 
street  or  avenue,  or  so  much  thereof  as  is  sought  to  be 
used  for  horse  railroad  purposes,  as  provided  by  law. 

587.  Every  company  or  corporation  now  operating,  or 
that  may  hereafter  operate  or  maintain,  any  horse  or  street 
railway  in,  upon  or  through  any  street,  avenue  or  thorough- 
fare within  said  city,  shall  keep  its  railroad  tracks  even  with 
the  grade  of  the  street,  avenue  or  highway  along  and  through 
which  the  same  may  pass,  and  not  elevated  above  the  sur- 
face thereof,  so  that  the  free  flow  of  water  in  the  lateral 
and  cross-gutters  shall  not  be  impeded  or  obstructed  thereby ; 
and  shall  at  all  times  keep  in  good  repair  such  portions  of 
any  street,  avenue  or  thoroughfare  as  may  be  used  by  such 
company  or  corporation;  and  shall  keep  the  spaces  between 
the  rails  of  its  tracks,  and  for  one  foot  on  the  outer  edge 
of  the  rails,  solidly  planked  or  paved,  so  as  not  to  obstruct 
or  interfere  with  the  ordinary  travel  of  teams  and  vehicles 
upon  or  through  any  such  street,  avenue  or  thoroughfare. 
Any  horse  or  street  railway  company  neglecting  or  refusing 
to  observe  or  comply  with  any  of  the  foregoing  provisions  of 
this  section,  alter  being  thereto  notified,  in  writing,  by  the 
street  superintendent,  or  the  superintendent  of  police,  shall 
thereafter  be  subject  to  a fine  of  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars  for  every  day  of  such 
neglect  or  refusal. 

588.  All  rails  which  may  hereafter  be  laid  upon  any 
horse  or  street  railroad  track,  on  streets  or  avenues  now 
paved,  or  which  may  hereafter  be  paved,  within  the  city  of 
Springfield,  shall  be  the  tram  rail,  and  the  same  shall  be  so 
laid  that  the  upper  part  thereof  shall  not  be  above  the  sur- 
face of  the  improved  or  paved  street ; and  the  whole  man- 
ner of  constructing  and  laying  such  railroad  tracks  shall  be 
under  the  supervision  of  the  mayor  and  street  superintend- 
ent. 

589.  It  shall  be  the  duty  of  every  person,  company  or 
corporation,  engaged  in  operating  and  running  horse  or  street 
cars,  for  the  conveyance  of  passengers,  upon  any  line  of 


298 


GENERAL  ORDINANCES  OF 


horse  or  street  railroad  within  the  city  of  Springfield,  early 
in  the  month  of  J anuary  in  each  year,  unless  otherwise  pro- 
vided by  ordinance,  to  apply  and  obtain  a license  therefor 
from  said  city;  for  which  license  such  person,  company  or 
corporation  shall,  at  the  time  of  the  application,  pay  into 
the  city  treasury  the  sum  of  fifteen  dollars  for  each  car 
operated  and  run,  or  proposed  to  be  operated  and  run,  by 
him  or  them,  for  the  purpose  aforesaid,  during  the  year. 
Any  person,  company  or  corporation,  engaged  in  the  business 
aforesaid,  and  failing  or  refusing  to  take  out  license,  as 
herein  required,  shall  be  subject  to  a penalty  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars,  and 
every  day  of  such  failure  or  refusal,  after  the  first  convic- 
tion, shall  be  deemed  a separate  offense. 

590.  All  horse  or  street  railway  cars,  licensed  as  afore- 
said, shall  have  the  right  to  their  tracks  as  against  any  per- 
son, team,  vehicle  or  incumbrance,  put,  driven  or  being 
thereon  with  a view  to  delay  or  embarrass  the  progress  of 
the  cars ; and  no  person  shall  obstruct  the  said  tracks,  or 
obstruct  or  prevent  the  cars  from  running  or  progressing 
thereon,  by  placing,  driving  or  stopping,  or  causing  to  be 
driven  at  a slow  pace  or  stopped,  any  vehicle  or  other  ob- 
stacle upon,  across,  along  or  near  any  of  said  tracks,  in  the 
way  of  any  car,  if  there  shall  be  space  or  opportunity  to 
turn  off,  after  being  notified  by  the  ringing  of  the  car  bell 
to  clear  the  track,  under  a penalty  to  the  person  offending 
of  not  less  than  three  dollars  nor  more  than  twenty-five  dol- 
lars for  each  offense. 

591.  All  street  cars  stopping  at  the  intersection  or  cross- 
ing of  any  street  or  avenue,  within  said  city,  shall  stop  with 
the  rear  platform  of  the  car  at  the  further  side  or  walk 
thereof,  so  that  the  cars,  when  stopped,  shall  not  interfere 
with  the  travel  on  such  street  or  avenue;  and,  subject  to 
the  above  proviso  of  this  section,  said  cars  shall  stop  to  re- 
ceive or  discharge  passengers  whenever  they  are  desired  to 
do  so.  Any  horse  or  street  railway  company,  or  any  con- 
ductor or  driver  of  any  street  car,  who  shall  violate,  or  fail 
or  refuse  to  comply  with  any  proviso  of  this  section,  shall, 
on  conviction,  be  fined  not  less  than  five  dollars  nor  more 
than  twenty-five  dollars  for  each  offense. 

592.  It  shall  be  the  duty  of  all  street  railway  companies 
or  corporations,  doing  business  within  this  city,  to  operate 
and  run  their  cars  at  all  reasonable  hours  of  the  day  and 
night,  for  the  accommodation  of  the  public ; and  all  such 
cars  shall  be  distinctly  numbered,  both  inside  and  outside, 
by  the  companies  owning  or  operating  the  same,  and  appro- 
priately lettered,  to  indicate  the  streets  or  routes  over  which 
they  may  run. 


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299 


CHAPTER  XXIIl. 

SEWEES,  DEAINS,  GAS  AND  WATER  PIPES. 

Akticle  I.— Sewers  and  Drains. 

II.— Gas  and  Water  Pipes. 


Article  I. 

SEWERS  AND  DRAINS. 

Sec.  593.  All  sewers  ordered  and  provided  for  by  the  city 
council  of  the  city  of  Springfield,  shall  be  constructed  of 
such  form  and  dimensions,  and  with  materials  of  the  best 
quality,  laid  in  such  manner  and  of  such  thickness,  and  to 
such  grade  and  depth  as  may  be  prescribed  by  the  city  en- 
gineer, or  by  ordinance.  All  such  sewers  shah  be  laid  to 
such  depth  below  the  grade  of  the  street  or  avenue,  as  will 
effectually  drain  such  lateral  sewers  as  may  be  conducted 
into  the  same,  and  the  cellars  and  grounds  of  the  lowest  part 
of  the  district  in  which  they  may  be  located ; and  suitable 
wells,  man-holes,  vents  and  inlets,  properly  secured  with 
coping  stones,  iron  grates  or  plate  covers,  shall  be  constructed, 
where  necessary,  at  proper  distances. 

594.  If  any  sewer,  ordered  as  aforesaid,  will  probably 
^require  to  be  extended  or  be  connected  with  lateral  sewers 

leading  thereinto,  it  shall  be  built  with  reference  to  such 
extension  or  lateral  sewers,  and  suitable  openings  shall  be 
left  in  the  sides  of  such  sewers  at  and  under  the  intersec- 
tions of  the  streets  and  avenues  crossing  the  same,  to  admit 
of  the  proper  connections  with  such  lateral  sewers  as  may 
thereafter  be  constructed  in  such  cross  streets  or  avenues. 
Such  openings  shall  be  sustained  by  a brick  arch  or  ring, 
and  the  spaces  filled  in  with  brick,  so  laid  as  to  be  capable 
of  removal  without  injuring  the  sewer  or  arch. 

595.  For  the  purpose  of  carrying  off  the  surface  drain- 
age, suitable  grated  openings  or  inlets  shall  be  made*  at 
proper  distances  at  or  near  the  intersections  of  the  curbs  of 
the  sidewalks  along  the  streets  or  alleys.  Such  openings, 
where  the  streets  or  alleys  are  paved,  shall  be  let  into  the 
curb  of  the  sidewalk  at  least  twelve  feet  from  the  intersec- 
tions of  such  sidewalks  with  the  corners  of  the  streets  or 
alleys,  so  as  to  prevent  the  foot  crossings  from  becoming 


300 


GENERAL  ORDINANCES  OF 


flooded ; and  they  shall  be  securely  connected  with  pipes  or 
lateral  drains  of  such  dimensions  and  construction,  and  laid 
with  such  descent  or  grade,  as  will  effectually  carry  all  the 
surface  water  into  the  sewers. 

596.  All  sewers  that  may  hereafter  be  constructed  in  any 
street  or  avenue  within  said  city,  shall  be  laid  on  and  along 
the  center  line  thereof. 

597.  The  drainage  of  all  private  property  into  the  public 
sewers,  or  sewers  built  by  the  city,  shall  be  effected  by  lateral 
sewers  of  brick,  substantially  constructed,  or  by  suitable 
pipes  of  iron  or  clay  tiling;  and  all  lateral  sewers,  at  their 
intersection  with  the  main  sewer,  shall,  if  necessary,  be  curved 
toward  the  lower  end  of  the  latter,  so  as  to  lessen  the  ob- 
struction of  the  current  in  the  main  sewer  by  the  influx  from 
the  lateral  sewers. 

598.  It  shall  be  the  duty  of  the  city  engineer  to  keep  in 
his  office  a map  or  maps,  upon  which  shall  be  platted  and 
shown  the  sewerage  districts  of  said  city,  with  the  location 
of  the  different  sewers  therein,  and  their  dimensions,  open- 
ings, inlets  and  connections. 

599.  Any  person  constructing  or  causing  to  be  constructed 
any  private  drain  or  sewer  leading  into  any  sewer  built, 
owned  or  controlled  by  the  city,  without  the  written  consent 
of  the  city  engineer,  as  is  elsewhere  provided  in  this  ordi- 
nance, or  in  any  other  manner  than  is  authorized  by  ordi- 
nance, shall  be  liable  to  a fine  of  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars  for  each  offense,  and 
shall  also  be  liable  to  the  city  for  all  injuries  or  damages  to  any 
public  sewer,  which  may  result  from  the  building  or  connect- 
ing with  such  unauthorized  private  drain  or  sewer. 

600.  No  connection  with,  or  opening  into,  any  public  sewer 
or  drain  shall  be  used  for  the  conveyance  of  steam  from  any 
steam  boiler  or  engine,  or  from  any  manufactory  in  which 
steam  is  generated  or  used,  under  a penalty  of  twenty-five 
dollars  for  each  ‘offense,  and  a like  additional  penalty  for 
every  repitition  of  the  same. 

601.  No  garbage,  butcher’s  offal,  dead  animal,  or  any 
other  obstruction,  shall  be  deposited  or  thrown  into  any 
sewer,  sewer  inlet  or  catch-basin,  under  a penalty  to  the 
offender  of  not  less  than  five  dollars  nor  more  than  twenty- 
five  dollars  for  each  offense. 

602.  Whoever  shall,  within  said  city,  break,  deface,  injure 
or  remove  any  cap  or  coping-stone,  or  grate,  belonging  to 
any  catch-basin,  man-hole,  vent,  or  inlet  of  any  sewer,  or 


THE  CITY  OF  SPRINGFIELD. 


301 


shall  in  any  way  obstruct  or  injure  the  mouth  thereof,  shall, 
for  each  offense,  be  subject  to  a penalty  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars. 

603.  No  person  shall  obstruct,  fill  up,  or  change  any 
branch  or  natural  drain  within  the  city,  without  first  obtain- 
ing the  permission  and  consent  of  the  city  council,  under  a 
penalty  of  not  less  than  ten  dollars  nor  exceeding  one  hundred 
dollars,  and  a further  penalty  of  ten  dollars  for  every  day 
such  person  shall  continue  such  obstruction  or  change,  after 
being  notified  to  remedy  the  same  by  the  city  engineer  or 
superintendent  of  streets. 

604.  The  city  engineer  shall,  when  required  by  the  city 
council,  survey  and  make  out  a plat  of  any  branch  or  natural 
drain,  and  report  the  same,  together  with  his  plan  for  chang- 
ing, straightening  or  sewering  such  branch  or  drain,  to  the 
city  council,  and  when  such  plan  shall  have  been  approved 
by  said  council,  all  filling,  changing,  straightening  or  sewer- 
ing of  such  branch  or  natural  drain  shall  be  done  in  accord- 
ance therewith ; and  all  changing  or  straightening  of  the 
channels  of  such  branches  or  Natural  drains  shall  be  made 
with  reference  to  sewering  the  same. 

605.  No  person,  company  or  corporation,  shall  hereafter 
be  permitted  or  allowed  to  in  any  way  connect  any  sewer  or 
drain,  built  or  laid  without  the  limits  of  the  city  of  Spring- 
field,  with  any  sewer  or  system  of  sewerage  within  said  city ; 
nor  shall  any  owner  of  property  without  the  city  limits,  not 
heretofore  granted  the  privilege,  use  or  have  the  benefit  of 
any  sewer  within  said  city,  except  upon  written  application 
in  each  case,  and  by  a vote  of  two-thirds  of  all  the  aider- 
men  authorized  to  be  elected  to  the  city  council ; and  it  is 
hereby  made  the  duty  of  the  mayor  to  strictly  enforce,  or 
cause  to  be  enforced  the  provisions  of  this  section : Provided, 
that  nothing  herein  contained  shall  be  construed  to  prevent 
the  city  from  contracting  or  agreeing  with  any  adjacent 
incorporated  village  or  town  for  the  joint  construction  or 
use  of  any  public  sewer  or  drain,  as  provided  by  law. 


Article  II. 

GAS  AND  WATER  PIPES. 

606.  All  gas  pipes  hereafter  laid  in  and  along  any  of 
the  streets  or  avenues  of  the  city  of  Springfield,  running 
north  and  south,  shall  be  laid  at  least  ten  feet  west  of  the 
center  line  thereof;  and  on  streets  or  avenues  ruoning  east 
and  west,  at  least  ten  feet  north  of  the  center  line  of  said 


302 


GENERAL  ORDINANCES  OF 


streets  or  avenues.  All  water  pipes  hereafter  laid  in  and 
along  the  streets  or  avenues  of  said  city,  running  north  and 
south,  shall  be  laid  at  least  ten  feet  east  of  the  center  line 
thereof ; and  on  all  streets  or  avenues  running  east  and  west, 
at  least  ten  feet  south  of  the  center  line  of  said  streets  or 
avenues.  Any  person,  company  or  corporation  violating  or 
failing  to  comply  with  any  of  the  provisions  of  this  section 
(except  in  case  where  such  compliance  shall  be  found  im- 
practicable), shall  be  subject  to  a fine  of  not  less  than  twenty- 
live  dollars  nor  more  than  two  hundred  dollars  for  each 
offense ; and  it  shall  be  the  duty  of  the  mayor  to  stop  the 
laying  of  any  such  pipes,  until  such  person,  company  or 
corporation  shall  agree  to  lay  the  same  conformable  to  the 
requirements  hereof. 

607.  All  gas  or  water  pipes  heretofore  laid  in  and  along 
any  of  the  streets  or  avenues  aforesaid,  and  not  in  con- 
formity with  the  provisions  of  the  last  preceding  section  of 
this  article,  shall,  whenever  it  becomes  necessary  to  re-lay 
the  same,  or  to  put  down  new  ones,  be  so  laid  as  to  con- 
form to  the  requirements  of  said  section. 

608.  No  higher  or  greater  charge  shall  be  made  against 
consumers  of  either  gas  or  water,  for  extra  pipe,  on  account 
of  the  side  of  the  street  on  which  any  consumer  may  be 
located ; but,  in  the  estimate  and  charge  for  pipe,  the  center 
line  of  the  street  shall  be  taken  for  both  sides. 

609.  All  excavations  in  the  streets,  avenues,  alleys  or 
sidewalks  of  said  city,  made  by  any  person  or  persons  for 
the  purpose  of  connecting  any  private  drain  or  sewer  with 
any  public  sewer,  or  for  the  purpose  of  laying,  connecting 
or  tapping  any  gas  or  water  pipes,  shall,  immedia*!ely  upon 
the  completion  thereof,  be  filled  up,  and  the  dirt  thoroughly 
tamped  or  puddled  till  all  the  earth  taken  out  shall  have 
been  replaced,  and  the  same  be  left  in  a good  and  passable 
condition ; and  such  excavation  shall  be  repaired,  from  time 
to  time,  till  the  earth  is  fully  settled,  and  the  surface  con- 
forms to  the  proper  level  of  the  street,  avenue,  alley  or 
sidewalk.  Whoever  shall  violate,  or  shall  neglect  or  refuse 
to  comply  with  any  of  the  above  requirements  of  this  sec- 
tion, shall,  upon  conviction,  be  fined  not  less  than  ten  dol- 
lars nor  more  than  one  hundred  dollars  for  each  offense, 
and  shall  also  be  liable  for  whatever  cost  and  expense  the 
city  may  incur  in  the  proper  filling  and  leveling  of  such 
excavation,  and  for  all  damages  resulting  to  private  persons 
from  such  imperfect  filling. 


THE  CITY  OF  SPRINGFIELD. 


303 


CHAPTER  XXIV. 

t 

SIDEWALKS. 


Akticle  I.  Width,  Grade,  Construction,  Etc.,  of  Sidewalks. 
II.  Special  Provisions  in  Relation  to. 


Article  1. 

WIDTH,  GRADE,  CONSTRUCTION,  ETC.,  OF  SIDEWALKS. 

Sec.  610.  On  all  streets  or  avenues,  within  the  city  of 
Springfield,  of  sixty-four  feet  and  upward  in  width,  sidewalks 
may  be  laid  twelve  feet  wide ; on  streets  or  avenues  less  than 
sixty-four  and  over  fifty  feet  in  width,  ten  feet  wide ; on 
streets  between  fifty  and  forty  feet  in  width,  eight  feet  wide ; 
and  on  streets  forty  feet  or  less  in  width,  six  feet  wide : 
Provided,  that  on  improved  or  paved  streets  (except  Third 
street)  in  the  parts  thereof  devoted  to  business,  sidewalks 
may  be  laid  from  sixteen  to  twenty  feet  in  width,  according 
to  the  varying  width  of  the  street  and  street  pavement. 

611.  The  city  council  shall  establish  the  grades  for  all 
sidewalks,  and  the  same  shall  conform,  as  nearly  as  may 
be,  to  the  grades  of  their  respective  streets.  Where  no  per- 
manent grade  is  established,  the  city  engineer  may  give  a 
temporary  grade ; and  he  shall,  when  requested  by  any  per- 
son desiring  to  build  a sidewalk,  stake  out  the  grade  thereof 
without  charge  to  such  person. 

612.  No  person  shall  construct  or  lay,  or  cause  to  be 
constructed  or  laid,  any  sidewalk  where  no  grade  has  been 
established  by  the  city  council,  without  having  first  obtained 
a grade  therefor  from  the  city  engineer,  or  contrary  to  any 
grade  given  by  said  engineer;  nor  shall  construct  or  cause 
to  be  constructed  any  sidewalk  contrary  to  any  grade  which 
may  have  been  or  may  hereafter  be  established  by  the  city 
council,  under  a penalty  of  five  dollars  for  each  offense,  and 


304 


GENERAL  ORDINANCES  OF 


a further  penalty  of  one  dollar  for  each  day  that  he  shall 
fail  to  make  his  sidewalk  conform  to  the  proper  grade,  after 
five  days’  written  notice  to  do  so,  by  the  street  superin- 
tendent. 

613.  All  sidewalks,  within  the  fire  limits  of  said  city, 
shall  be  built  of  dag-stone,  brick  or  concrete;  and  in  the 
remaining  portions  thereof,  they  may  be  made  of  sound  pine 
or  oak  plank,  laid  crosswise  to  the  street  or  avenue,  and 
securely  spiked  to  four-by-four  inch  oak  stringers,  placed  not 
more  than  four  feet  apart : Provided,  that  where  the  side- 
walk is  not  more  than  four  feet  wide,  the  planks  may  be 
laid  lengthwise  to  the  street. 

614.  All  sidewalks  shall  be  so  constructed  as  to  have  an 
incline,  toward  the  gutter  of  the  street,  of  one  inch  in  two 
feet,  and  along  the  outward  boundary  thereof  may  be  set  a 
curbing  of  not  less  than  two  and  one-half  inch  oak  plank, 
well  spiked  or  bolted  to  four-by-six  inch  oak  posts,  set  in 
the  ground  to  the  depth  of  three  feet ; and  where  the  streets 
are  paved  the  curbing  shall  be  of  stone,  four  inches  thick, 
and  at  least  thirty  inches  in  depth,  firmly  set  in  the  earth 
to  the  proper  grade  and  line ; and  the  distance  from  the 
front  line  of  the  lots  to  the  outer  edge  of  the  curbing  shall 
be  the  full  width  of  the  sidewalks.  The  whole  work  of  grad- 
ing and  laying  down  said  sidewalks,  wdiether  done  by  the 
city  or  by  the  owners  of  the  respective  lots  or  parcels  of 
land  abutting  upon  the  same,  shall  be  done  under  the 
supervision  and  subject  to  the  approval  of  the  city  superin- 
tendent of  streets. 

615.  No  part  of  any  sidewalk  shall  be  taken  for  private 
use  by  lowering  or  cutting  down  the  same  next  to  the  build- 
ing fronting  thereon ; or  by  railing  off  the  same  by  any  iron 
or  other  railing,  or  otherwise  shutting  off  the  public  from 
using  the  same ; but  said  sidewalk  shall  be  built  clear  up  to 
the  building  on  a uniform  grade,  as  hereinbefore  provided. 
Entrances  to  cellars  and  basements,  and  flights  of  stairs  or 
steps  may  be  made,  which  shall  not  extend  into  or  on  the 
sidewalks  more  than  four  feet  next  to  the  building,  and  the 
width  of  the  steps,  stairs  or  entrances  in  sidewalks  to  cellars 
or  basements  shall  not  be  more  than  five  feet ; and  the  same 
shall  be  at  all  times  securely  protected  by  the  owner  or 
occupant  of  the  building.  Whoever  shall  violate  any  of  the 
provisions  of  this  section  shall  he  subject  to  a penalty  of 
five  dollars  for  the  first  offense,  and  to  a like  additional 
penalty  for  .each  week,  after  the  first  conviction,  that  he  shall 
continue  such  violation. 


THE  CITY  OF  SPRINGFIELD. 


305 


616.  No  person  shall  t)uild  or  extend  any  sidewalk  beyond 
the  established  width,  and  no  person  shall  insert  any  smooth 
pieces  of  glass  or  metal  in  any  sidewalk  whatever,  under  a 
penalty,  in  either  case,  of  not  exceeding  ten  dollars,  and  a 
further  penalty  of  two  dollars  for  each  day  he  shall  neglect 
or  fail  to  remedy  or  remove  the  same,  after  notice  to  do  so 
by  the  street  superintendent. 

617.  Every  aperture  or  opening  in  any  sidewalk,  over  any 
vault  or  coal-hole,  shall  be  covered  with  a substantial  iron 
grate  or  plate,  with  a rough  suiface,  to  prevent  accidents, 
and  the  construction  of  all  vaults  and  coal-holes  under  side- 
walks shair  be  subject  to  the  directions  and  supervision  of 
the  street  superintendent,  or  such  other  officer  as  may  be 
designated  by  the  city  council. 

618.  Every  sidewalk  in  said  city  which  is  so  much  worn 
or  out  of  repair  as  to  endanger  the  safety  of  persons  pass- 
ing over  the  same,  is  hereby  declared  to  be  a nuisance ; and 
any  person  who  shall  hereafter  suffer  or  peimit  such  nui- 
sance to  exist  in  front  of  or  adjoining  premises  owned  or 
occupied  by  him,  shall  be  subject  to  a penalty  of  one  dollar 
for  every  day  that  he  shall  allow  the  same  to  remain  after 
being  notified,  in  writing,  by  the  superintendent  of  streets  to 
remedy  or  abate  said  nuisance. 

619.  The  owner  or  occupant  of  any  lot  or  premises, 
where  any  holes  or  loose  planks,  or  other  defects,  are  per- 
mitted or  allowed  to  be  and  remain  in  and  about  the  side- 
walks in  front  of  or  adjacent  to  his  premises,  as  referred  to 
in  the  last  preceding  section  hereof,  is  hereby  required  to 
repair  such  defects  and  abate  such  nuisance  without  delay ; 
and,  in  default  thereof,  it  shall  be  the  duty  of  the  street 
superintendent  to  abate  the  same ; and  if  any  person  shall 
recover  any  judgment  against  the  city  of  Springfield  because 
of  injury  resulting  from  such  defects  or  nuisance,  the  owner 
or  occupant  of  the  premises  where  such  injury  was  sustained 
shall  be  liable,  in  an  action  of  debt,  for  the  full  amount  of 
the  damages  and  costs  so  recovered  against  said  city. 


Article  II. 


SPECIAL  PROVISIONS  IN  RELATION  TO  SIDEWALKS. 

620.  No  steps,  platform  or  other  fixture  shall  extend 
into  or  upon  any  sidewalk  or  alley  in  said  city  more  than 
three  feet ; and  all  steps  or  stairs  encroaching  upon  any 
sidewalk  or  any  alley,  and  leading  to  the  upper  story  of  any 
—20 


306 


GENERAL  ORDINANCES  OF 


building,  shall  be  securely  fastened  to  the  wall  of  such 
building  and  supported  without  posts  or  pillars.  No  open 
cellar  or  basement  way  shall  be  permitted  in  any  sidewalk 
or  alley,  nor  shall  any  closed  cellar  or  basement  way  extend 
into  or  upon  any  sidewalk  more  than  five  feet,  nor  into  any 
alley  more  than  four  feet;  nor  shall  the  door  or  grating  of 
any  such  closed  cellar  or  basement  way  extend  above  the 
grade  of  the  sidewalk,  nor  exceeding  one  inch  above  the 
grade  of  the  alley;  nor  shall  the  hinges,  lock,  or  other 
fastenings  thereof,  be  placed  on  the  upper  side  of  the  same 
so  as  to  project  above  the  door,  unless  within  two  and  one- 
half  feet  of  the  building;  and  all  cellar  windows  or  coal- 
holes in  any  sidewalk  or  alley  shall  be  set  or  placed  even 
with  the  grade  of  such  sidewalk  or  alley,  and  be  well  secured 
with  iron  or  other  suitable  gratings.  Whoever  shall  violate 
or  fail  to  comply  with  any  of  the  requirements  of  this  sec- 
tion, shall  be  subject  to  a penalty  of  not  less  than  three 
dollars  nor  more  than  twenty-five  dollars  for  each  offense, 
and  to  a further  penalty  of  three  dollars  for  each  day  he 
shall  fail  or  refuse  to  comply  herewith,  after  notice  to  do  so 
by  the  mayor  or  street  superintendent. 

621.  Whoever  shall,  in  this  city,  place,  set  or  hang  out, 
over  or  upon  any  sidewalk,  any  goods,  wares  or  merchandise^ 
except  within  three  feet  of  the  building  or  premises  owned 
or  occupied  by  him ; or  whoever  shall  place,  erect  or  suspend 
any  sign,  flag,  banner,  show  case,  or  other  fixture  projecting 
into  or  hanging  over  any  sidew^alk  exceeding  three  feet  from 
the  building  or  premises  owned  or  occupied  by  him ; or 
shall  cause  or  knowingly  permit  the  same  to  be  done  in 
front  of  or  adjoining  any  house  or  premises  owned  or  occu- 
pied by  him,  under  his  control,  shall  be  subject  to  a penalty 
of  one  dollar  for  each  offense,  and  to  a like  additional  pen- 
alty for  every  two  hours  he  shall  allow  such  goods,  mer- 
chandise, signs  or  fixtures  to  remain  after  being  notified  to 
remove  the  same  by  the  street  superintendent,  or  any  mem- 
ber of  the  police  force. 

622.  No  person  shall  incumber  or  obstruct  more  than 
three  feet  of  the  outer  edge  of  any  sidewalk  with  any  goods, 
merchandise,  fuel,  or  other  articles  he  may  be  receiving  or 
delivering,  nor  shall  he  permit  the  same  to  remain  upon  any 
sidewalk  longer  than  may  be  necessary  in  the  diligent 
removal  thereof,  nor  in  any  case  to  exceed  twenty-four 
hours,  under  a penalty  of  one  dollar  for  each  offense,  and  a 
further  penalty  of  one  dollar  for  every  two  hours  he  shall 
permit  any  such  incumbrance  or  obstruction  to  remain  after 
being  notified  to  remove  the  same  by  the  street  superin- 
tendent, or  any  member  of  the  police  force. 


THE  CITY  OF  SPRINGFIELD. 


307 


623.  Whoever  shall  fasten  or  leave  any  team  of  horses, 
or  any  beast  of  burden,  in  such  a manner  as  that  the  same, 
or  any  vehicle  attached  thereto,  shall  be  an  obstruction  to 
any  sidewalk  in  said  city,  shall  incur  a penalty  of  not  exceed- 
ing three  dollars  for  every  such  offense. 

624.  Whoever  shall  suffer  or  permit  the  water  falling  or 
draining  from  the  roof  of  any  building  owned,  occupied  or 
controlled  by  him,  to  spread  over  the  sidewalk  in  front  of 
the  same,  shall  be  deemed  guilty  of  maintaining  a nuisance, 
and  shall  be  subject  to  a penalty  of  two  dollars  for  the  first 
offense,  and  to  a further  penalty  of  one  dollar  for  every  day 
that  he  shall  fail  to  remedy  or  abate  the  same  after  being 
notified  to  do  so  by  the  superintendent  of  streets,  or  any 
police  officer  of  the  city. 

625.  It  shall  be  the  duty  of  all  owners  or  occupants  of 
business  or  dwelling  houses,  within  the  city,  in  front  of  which 
any  sidewalk  is  now  or  may  hereafter  be  laid,  to  provide 
and  securely  fasten  in  such  sidewalk,  at  the  curb-line  thereof, 
a two-inch  iron  ring,  or  to  erect  thereat  a suitable  post,  for 
hitching  purposes ; and  every  owner  of  any  such  house  or 
building,  failing  or  neglecting  to  comply  with  the  require- 
ments of  this  section,  shall  be  subject  to  a penalty  of  not 
less  than  one  dollar  nor  more  than  ten  dollars. 

626.  Whoever  shall  lead,  ride  or  drive  any  horse,  mule, 
cow,  or  other  like  animal,  upon,  over  or  across  any  sidewalk 
or  lawn,  within  the  curb-line  of  any  sidewalk  in  said  city, 
except  at  the  entrance  to  some  building  or  lot,  where  no 
suitable  crossing  is  provided ; or  whoever  shall  suffer  or  per- 
mit any  such  animal,  or  any  vehicle  thereto  attached,  to  be 
or  remain  upon  any  such  sidewalk  or  lawn,  to  the  obstruc- 
tion of  travel  thereon,  or  otherwise,  shall  be  subject  to  a fine 
of  not  less  than  two  dollars  nor  more  than  ten  dollars  for 
each  and  every  offense. 

627.  Every  owner  or  occupant  of  any  dwelling  house  or 
other  building,  or  proprietor  or  lessee  of  any  inclosed  lot  or 
premises,  and  every  person  having  the  charge  or  control  of 
any  church,  hall,  or  public  building,  within  said  city,  shall, 
during  the  winter  season,  whenever  there  is  a fall  of  snow, 
and  by  ten  o’clock  on  every  morning  thereafter,  clear  the 
sidewalks  in  front  of  or  adjoining  such  house,  building  or 
premises,  from  snow  and  ice,  and  keep  the  same  con- 
veniently free  therefrom ; or  shall,  in  case  the  snow  and  ice 
are  so  congealed  as  not  to  be  removed  without  difficulty  or 
injury  to  the  pavement,  strew  the  same  with  ashes,  sand  or 
saw-dust ; and  shall  also,  at  all  times,  keep  such  sidewalks 
clear  and  free  from  dirt,  filth,  weeds  or  other  obstructions, 
so  as  tcv  allow  pedestrians  the  safe  and  unobstructed  use  of 


308 


GENERAL  ORDINANCES  OF 


the  same ; and  every  owner,  occupant,  or  other  person  afore- 
said, who  shall  permit  or  allow  such  sidewalks  to  be  or 
remain  covered  with  snow,  or  other  obstructions,  contrary  to 
the  provisions  of  this  section,  shall  be  deemed  guilty  of 
maintaining  a nuisance : Provided,  that  no  person  shall  be 
obliged  to  clear  any  such  sidewalk  on  Sunday,  or  during  the 
continuance  of  any  snow  storm.  Whoever  shall  violate,  or 
shall  fail  or  refuse  to  comply  with  any  of  the  requirements 
of  this  section,  shall,  upon  conviction,  be  fined  not  less  than 
two  dollars  nor  more  than  ten  dollars  for  each  offense. 


THE  CITY  OF  SPRIFGFIELD. 


309 


/ 


CHAPTER  XXV. 

STEEETS  AND  ALLEYS. 


Akticle  I. 


STEEETS,  ALLEYS  AND  SIDEWALKS. 

Sec.  628.  No  person  not  authorized  by  the  city  council, 
or  by  ordinance,  shall  make  any  excavation  in  any  street, 
avenue,  alley,  sidewalk,  or  public  ground,  within  the  city  of 
Springfield,  without  first  obtaining  the  permission  of  the 
mayor,  or  the  superintendent  of  streets ; and  in  the  case  of 
an  excavation  in  any  paved  street,  avenue  or  alley,  such  per- 
mission shall  be  in  writing.  Whoever  violates  the  provisions 
of  this  section  shall,  upon  conviction,  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense : 
Provided,  that  this  section  shall  not  apply  to  any  person 
making  an  excavation  for  the  purpose  of  connecting  any  pri- 
vate drain  or  sewer  with  any  public  sewer,  under  a written 
permit  from  the  city  engineer. 

629.  Any  person  making,  or  causing  to  be  made,  any 
excavation  or  ditch,  for  any  purpose,  in  any  street,  avenue, 
alley  or  sidewalk,  shall,  without  unnecessary  delay,  cause  the 
same  to  be  filled  up  to  the  proper  level  of  such  street,  ave- 
nue, alley  or  sidewalk,  and  shall,  from  time  to  time,  if  neces- 
sary, repair  the  same,  until  the  earth  is  completely  settled, 
and  the  surface  thereof  conforms  to  the  proper  level  or  grade. 
Any  person  taking  up  or  removing  any  paved  or  planked 
street,  avenue,|alley  or  sidewalk,  or  any  bridge  or  culvert,  for 
any  purpose,  or  negligently  breaking  or  injuring  the  same, 
shall,  without  delay,  cause  such  paved  or  planked  street, 
avenue,  alley  or  sidewalk,  or  bridge,  or  culvert,  to  be  repaired 
and  placed  in  the  same  condition  as  before  the  breaking  or 
injuring  thereof.  Whoever  shall  violate  or  fail  to  comply 
with  any  of  the  requirements  of  this  section  shall  incur  a 
penalty,  in  each  case,  of  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars ; and  the  street  superintendent  shall 


310 


GENERAL  ORDINANCES  OF 


forthwith  cause  such  filling  up  or  repairs  to  be  made  and 
completed,  and  the  cost  and  expense  thereof  may  be  col- 
lected of  the  person  whose  duty  it  was  to  do  the  same,  and 
recovered  by  a separate  suit  in  the  name  of  the  city. 

630.  Any  contractor  for  any  public  work,  or  any  officer 
or  other  person,  making  any  excavation  in  any  street,  avenue, 
alley  or  sidewalk  of  the  city,  who  shall  leave  the  same  open 
and  unprotected  by  lights  or  otherwise,  in  the  night  time, 
so  as  to  endanger  the  safety  of  persons  or  animals  passing 
thereby,  from  falling  therein,  shall  be  liable  to  a fine  of  not 
less  than  ten  dollars  nor  more  than  two  hundred  dollars  for 
every  such  neglect. 

631.  Whoever  shall,  for  any  private  purpose,  dig,  remove, 
or  carry  away,  . any  earth,  gravel  or  sod  from  any  street, 
avenue,  alley  or  public  ground,  without  the  express  permis- 
sion of  the  city  council,  or  of  the  street  and  alley  committee 
thereof,  shall  forfeit  and  pay  a penalty  of  one  dollar  for  each 
and  every  load  so  removed  or  carried  away ; and  any  officer 
of  the  city  who  shall  use,  sell  or  dispose  of  any  earth,  gravel 
or  sod,  from  any  street,  avenue,  alley  or  public  ground,  for 
his  own  private  gain  or  benefit,  shall  be  subject  to  a penalty 
of  not  less  than  twenty-five  dollars  nor  more  than  one  hun- 
dred dollars  for  each  offense. 

632.  No  person  shall  make,  or  cause  to  be  made,  any 
inclosure,  bridge,  arched-way,  or  building  of  any  kind,  ex- 
tending upon,  over  or  across  any  street,  avenue,  alley  or 
sidewalk,  within  said  city,  under  a penalty  of  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense,  and  a further  penalty  of  five  dollars  for  every  day 
that  he  shall  allow  such  inclosure,  bridge  or  building  to  re- 
main, after  being  notified  to  remove  the  same  by  the  street 
superintendent,  or  the  fire  marshal. 

633.  Whoever  shall  erect,  or  cause  to  be  erected,  any 
building  or  fence  upon  the  line  of  any  street,  avenue  or 
alley  of  the  city,  without  first  obtaining  the  proper  line 
thereof  from  the  city  engineer,  shall  incur  a penalty  of  not 
less  than  five  dollars  nor  exceeding  fifty  dollars. 

634.  No  contractor,  builder  or  other  person  shall  encum- 
ber or  obstruct  any  street,  alley  or  sidewalk  in  the  city  with 
building  or  other  like  materials,  without  a written  permit 
from  the  mayor  therefor ; nor  shall,  except  in  case  of  neces- 
sity, and  for  a short  time  only,  encumber  or  obstruct  more 
than  one-third  of  any  street  or  alley,  or  one-half  of  any  side- 
walk; nor  shall  such"  obstruction  continue  in  any  case  longer 
than  may  be  necessary  in  the  diligent  erection  of  such  build- 
ing, or  the  prompt  execution  of  the  work.  Whoever  shall 


THE  CITY  or  SPRINGFIELD. 


311 


violate  any  provision  of  this  section,  shall  be  subject  to  a 
tine  of  notv  less  than  five  dollars  nor  more  than  fifty  dollars, 
and  to  a further  fine  of  three  dollaVs  for  each  day  after  the 
first  conviction  that  he  shall  continue  in  such  violation. 

635.  Any  owner  or  agent  of  real  estate,  or  any  contractor 
or  builder,  who  may  be  about  to  qommence  the  erection  of 
any  building,  or  the  alteration  or  improvement  of  any  build- 
ing, in  front  of  or  abutting  upon  any  street  or  avenue  of  the 
city,  and  when  the  construction,  alteration  or  improvement 
of  any  such  building  will  interfere,  or  be  likely  to  interfere, 
with  the  free  passage  through  or  over  the  street,  avenue  or 
sidewalk,  by  reason  of  any  excavation  in  or  near  the  street 
or  sidewalk,  or  by  the  placing  in  or  upon  the  same  of  any 
building  material,  shall,  before  commencing  such  work,  exe- 
cute an  indemnifying  bond  to.  said  city,  in  such  reasonable 
sum,  and  with  such  surety  or  sureties,  as  may  be  fixed  by 
the  mayor,  to  answer  and  pay  all  damages  for  any  injury 
that  may  result  to  persons  or  property  from  any  such  inter- 
ference with  or  obstruction  of  such  street  or  sidewalk.  Any 
owner,  contractor  or  builder  who  shall  violate  or  fail  to  com- 
ply with  the  provisions  of  this  section,  shall,  upon  convic- 
tion, be  fined  not  less  than  twenty-five  dollars  nor  more  than 
one  hundred  dollars. 

636.  No  building,  fence,  fixture  or  other  erection  or  in- 
closure heretofore  erected  or  built,  and  encroaching  in  whole 
or  in  part  upon  any  street,  avenue,  alley  or  sidewalk  of  the 
city,  shall  be  repaired  or  rebuilt,  under  a penalty  to  the 
offender  of  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars. 

637.  The  owner  of  any  building,  or  of  any  structure  or 
inclosure,  already  erected  or  built,  extending  into  or  encroach- 
ing upon  any  street,  avenue,  alley  or  sidewalk  within  the 
city,  who  shall  not  remove  the  same  within  thirty  days  after 
being  notified  in  writing  to  do  so  by  the  street  superinten- 
dent or  the  city  engineer,  shall  be  subject  to  a fine  of  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars, 
and  to  a further  fine  of  ten  dollars  for  every  day,  after  the 
first  conviction,  that  he  shall  fail  or  refuse  to  comply  with 
such  notice.  And  the  city  council  may  order  and  direct  the 
superintendent  of  police  to  take  down  and  remove  such  ob- 
struction or  encroachment  upon  any  street,  avenue  or  alley, 
and  the  cost  and  expense  of  such  taking  down  and  removal 
may  be  collected  by  suit,  in  the  name  of  the  corporation, 
against  the  person  or  persons  causing  or  erecting  such 
encroachment  or  obstruction. 

638.  No  person  shall  remove,  or  cause  to  be  removed, 
any  building  through  or  along  any  street,  avenue  or  alley  of 
the  city,  without  a written  permit  from  the  mayor  therefor, 


312 


GENERAL  ORDINANCES  OF 


nor  shall,  in  removing  such  building,  unnecessarily  encumber 
or  obstruct  any  street,  avenue  or  alley,  nor  for  a longer  time 
than  may  be  necessary  in  the  prompt  and  diligent  removal 
thereof,  under  a penalty  of  ten  dollars  for  each  offense, 
and  a further  penalty  of  five  dollars  for  every  day  that  such 
building  shall  unnecessarily  remain  upon  any  street,  avenue 
or  alley. 

639.  Whoever  shall  place,  throw  or  leave,  or  shall  cause 
to  be  placed,  throw  nor  left,  any  obstruction  or  encumbrance 
in  or  upon  any  street,  avenue  or  alley,  except  as  authorized 
by  ordinance,  shall  be  liable  to  a fine  of  not  less  than  three 
dollars  nor  more  than  twenty  dollars,  and  to  a further  fine 
of  one  dollar  for  every  two  hours  that  he  shall  not  remove 
such  obstruction  or  encumbrance,  after  being  notified  to  do  so 
by  the  superintendent  of  streets,  or  any  member  of  the  police 
force. 

640.  Any  person  who  shall  place  or  leave,  or  cause  to 
be  placed  or  left,  any  encroachment,  obstruction  or  encum- 
brance in  or  upon  any  street,  avenue,  alley  or  sidewalk,  shall, 
in  all  cases,  be  liable  to  the  city  and  to  private  persons  for 
all  injury  or  damages  arising  therefrom. 

641.  Whoever  shall  unhitch  or  leave  any  team  of  horses 
or  mules,  or  any  wagon,  carriage  or  other  like  vehicle,  in 
any  street,  avenue  or  alley,  before  or  beside  any  private 
dwelling  house,  church  or  school  house,  within  said  city,, 
contrary  to  the  wishes  of  the  owner,  occupant,  or  person  in 
charge  of  the  same,  and  shall  not  immediately  remove  such 
team  or  vehicle,  when  so  requested,  shall  be  subject  to  a 
penalty  of  two  dollars  for  each  and  every  offense. 

642.  No  person  shall  unhitch,  feed,  or  leave  standing 
any  team  of  horses  or  other  animals,  or  any  wagon  or  other 
vehicle,  in  or  upon  any  paved  street  or  avenue  of  the  city, 
under  a penalty  of  not  less  than  two  dollars  nor  more  than 
ten  dollars  for  each  offense : Provided,  that  this  section 
shall  not  apply  to  licensed  vehicles  standing  on  the  court 
house  side  of  the  public  square,  while  waiting  for  employ- 
ment; nor  to  the  leaving  of  horses,  or  vehicles,  used  by 
merchants  in  the  delivery  of  their  goods  or  merchandise. 

643.  Whoever  shall  obstruct  any  street  or  alley  cross- 
ing, by  unnecessarily  stopping  thereon  with  any  team, 
animal  or  vehicle,  so  as  to  inconvenience  or  incommode 
persons  passing  or  crossing  the  same,  shall  incur  a penalty 
of  not  exceeding  five  dollars  for  each  offense. 

644.  When  any  street,  avenue  or  alley  shall  be  obstructed 
by  a press  of  teams,  vehicles,  animals  or  persons,  the  mayor 
or  superintendent  of  police,  or  any  police  officer  of  the  city^ 


THE  CITY  OF  SPRINGFIELD. 


313 


may  give  such  orders  and  directions  as  shall  be  deemed 
necessary  to  abate  the  obstruction ; and  whoever  shall  neglect 
or  refuse  to  obey  such  orders  or  directions  shall  be  subject 
to  a penalty  of  three  dollars. 

645.  It  shall  be  the  duty  of  every  person  owning  any 
lot  or  parcel  of  land  adjoining  any  public  or  private  alley 
in  said  city,  to  keep  the  same  clean  and  in  an  inoffensive 
condition,  and  also  to  keep  the  gutter  in  front  of  the 
premises  owned  or  occupied  by  him,  under  his  control,  free 
from  filth  or  other  offensive  matter  that  may  prevent  the 
free  flow  of  water  therein.  Any  person  failing  or  neglecting 
to  comply  with  any  provision  of  this  section  shall  be  subject 
to  a penalty  of  not  exceeding  five  dollars  for  each  offense. 

646.  Whoever  shall  leave  open  or  permit  to  be  left  open 
any  cellar  door,  basement  entrance,  vault,  cistern,  well, 
ditch  or  other  like  pit  or  hole,  on  or  adjoining  any  street, 
avenue,  alley  or  sidewalk,  within  said  city,  without  securing 
or  protecting  the  same,  so  as  not  to  endanger  the  safety  of 
persons  or  animals,  passing  thereby  from  falling  therein, 
shall  be  subject  to  a fine  of  not  less  than  five  dollars  nor 
more  than  fifty  dollars  for  each  offense ; and  shall  also  be 
liable  for  all  damages  or  injuries  to  persons  or  property 
arising  from  any  such  neglect,  and  for  any  damages  that 
may  be  recovered  against  the  city  in  consequence  thereof. 

647.  No  person  shall  obstruct  or  incumber  any  street, 
avenue  or  alley  of  the  city  with  any  merchandise,  fuel  or 
other  articles  longer  than  may  be  nect:ssary  in  the  dili- 
gent removal  of  the  same,  under  a penalty  of  two  dollars 
for  each  offense,  and  a further  penalty  of  one  dollar 
for  every  two  hours  that  he  shall  permit  such  merchandise, 
fuel  or  other  articles  to  remain,  after  being  notified  to 
remove  the  same  by  the  superintendent  of  streets,  or  any 
member  of  the  police  force. 

648.  No  person  shall  throw,  place  or  leave,  or  cause  or 
permit  to  be  thrown,  placed  or  left,  any  ashes,  dirt,  filth  or 
rubbish,  in  or  upon  any  street,  avenue,  alley  or  sidewalk  of 
said  city,  in  front  of  or  adjoining  any  building  or  premises 
owned  or  occupied  by  him,  or  subject  to  his  control,  under 
a penalty  of  not  less  than  two  dollars  nor  more  than  ten 
dollars  in  each  case ; and  a further  penalty  of  one  dollar 
for  every  two  hours  that  such  person  shall  permit  such 
ashes,  dirt,  filth  or  rubbish  to  remain,  after  notice  to  remove 
the  same  by  the  superintendent  of  streets,  the  health  in- 
spector, or  any  policeman. 


314 


GENERAL  ORDINANCES  OF 


CHAPTER  XXVI. 

«TEEET  LIGHTS. 


Ajiticle  I. 

STREET  LAMPS  AND  LIGHTS. 

Sec.  649.  The  city  council  may,  from  time  to  time,  order 
the  erection  of  such  number  of  public  lamps  as  shall  be 
deemed  necessary  and  expedient  for  the  proper  lighting  of 
the  streets  of  the  city  of  Springfield ; and  the  committee  on 
gas  lights  and  markets  thereof,  shall  direct  the  location  of 
such  lamps,  and  cause  them  to  be  so  placed  as  to  diffuse 
the  light  as  equally  as  possible : Provided,  that  no  new 
lamp  posts  or  lamps  shall  be  erected  during  any  one  year, 
unless  the  cost  thereof  shall  have  been  provided  for  in  the 
annual  appropriation  bill  of  such  year. 

650.  All  street  lamps  erected  by  order  of  the  city  council, 
shall  be  inspected  and  approved  by  the  mayor  and  com- 
mittee on  gas  lights  and  markets,  before  being  lighted  at  the 
expense  of  the  city;  and  it  shall  be  the  duty  of  said  com- 
mittee to  cause  the  names  of  the  respective  streets  or  avenues 
to  be  affixed  or  painted,  in  plain  letters,  upon  such  public 
lamps. 

651.  Any  gas  light  company,  or  other  company  or  firm, 
having  a contract  with  the  city  of  Springfield  for  fighting 
its  streets,  or  any  of  them,  shall  keep  the  public  lamps 
under  their  charge  well  cleaned  and  in  repair,  and  shall 
cause  the  same  to  be  lighted  at  twilight  every  evening,  and 
keep  them  lit  and  burning  until  the  dawn  of  each  day, 
except^when  the  clear  moonlight  shall  render  it  unnecessary. 

652.  The  mayor  and  committee  on  gas  lights  and  markets- 
shall  see  that  the  public  lamps  of  the  city  are  kept  clean 
and  in  good  order,  ^nd  regularly  lighted ; and  if  at  any  time 
there  shall  not  be  a sufficiency  of  light,  by  reason  of  an  insuf- 
ficient flow  of  gas,  or  a lack  of  gasoline,  or  other  burning 
fluid,  or  of  the  lamps  not  being  kept  clean,  or  otherwise, 
the  contractor  or  contractors  therefor  shall,  after  notice  from 
the  mayor  or  any  member  of  said  committee,  remedy  such 


THE  CITY  OF  SPRINGFIELD. 


315 


insufficiency,  defect,  or  neglect  of  duty,  without  delay,  and 
upon  a failure  to  do  so,  they  shall  be  subject  to  a propor- 
tionate reduction  in  their  monthly  or  quarterly  accounts,  in 
the  discretion  of  the  city  council. 

653.  The  city  council  shall,  annually,  at  the  time  of 
making  appropriations  and  levying  taxes  for  other  corporate 
purposes,  appropriate,  levy  and  assess,  a tax  sufficient  to 
defray  the  cost  and  expense  of  erecting  and  maintaining  the 
necessary  lamp  posts  and  lamps,  and  of  lighting  the  streets 
of  said  city  for  such  year,  and  such  tax  shall  be  collected 
in  the  same  manner  as  other  general  taxes,  and  paid  into 
the  city  treasury  to  the  credit  of  the  street-lighting  fund, 
and  the  treasurer  shall  keep  a separate  account  thereof. 

654.  No  person  shall,  without  permission  from  the  mayor, 
or  the  committee  on  gas  lights  and  markets,  take  up,  change 
or  remove  any  public  street-lamp  post  or  lamp,  in  said  city, 
under  a penalty  of  not  less  than  ten  dollars  nor  more  than 
fifty  dollars  for  each  offense : Provided,  that  any  person, 
company  or  firm,  ijaving  a contract  with  the  city  for  lighting 
and  maintaining  any  such  lamps,  may,  without  such  per- 
mission, take  up  and  remove  any  lamp  post  or  lamp,  under 
his  or  their  charge,  for  the  purpose  of  repairing  the  same, 
or  replacing  it  with  a new  one. 

655.  No  person  shall  at  any  time  light  or  extinguish,  or 
cause  to  be  lighted  or  extinguished,  any  public  street-lamp, 
which  any  person,'  company  or  firm,  is  or  may  be  required 
to  light  or  extinguish,  under  a contract  or  agreement  with 
the  city,  except  by  the  authority  of  such  contractor  or  con- 
tractors, under  a penalty  of  not  less  than  three  dollars  nor 
more  than  twenty-five  dollars  for  each  offense. 

656.  The  postoffice  department  is  hereby  given  and 
granted  permission,  under  the  direction  of  the  mayor,  to 
attach  postoffice  boxes  to  the  public  lamp  posts  within  said 
city ; and  whoever  shall  break,  deface,  injure  or  remove  any 
such  post  or  mail  box,  so  attached,  shall  be  subject  to  a 
fine  of  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars. 

657.  It  shall  be  the  duty  of  the  city  clerk  to  furnish  a 
certified  copy  of  this  chapter  to  each  company,  corporation, 
or  firm,  which  now  has,  or  may  hereafter  have,  a contract 
or  agreement  with  the  city  of  Springfield  for  maintaining, 
lighting  and  extinguishing  any  of  the  public  street-lamps. 


316 


GENERAL  ORDINANCES  OF 


CHAPTER  XXVII. 

VEHICLES. 


Article  I.  Hacks.  Coaches  and  Omnibuses. 
. II.  Drays.  Carts  and  Wasons. 

III.  Stands  for  Licensed  Vehicles. 


t 

Article  I. 


HACKS,  COACHES  AND  OMNIBUSES. 

Sec.  658.  No  person  shall  engage  in  or  pursue  the  occu- 
pation of  carrying  persons  for  hire  in  any  hack,  hackney- 
coach,  omnibus  or  other  vehicle,  from  one  place  to  another, 
or  shall  keep  or  use  any  such  vehicle  for  the  conveyance  of 
persons,  for  hire  or  wages,  within  the  city  of  Springfield, 
without  being  specially  licensed  for  such  purpose,  under  a 
penalty  of  not  less  than  one  dollar  nor  more  than  five  dol- 
lars for  each  person  so  carried  without  license : Provided, 
that  only  one  license  shall  be  required,  under  this  section, 
for  one  vehicle,  which  may  be  issued  to  either  the  owner  or 
driver  thereof:  aiid  provided  further,  that  the  letting  of  car- 
riages, buggies  or  phaetons  for  hire,  by  the  proprietors  or 
keepers  of  livery  stables,  in  the  ordinary  manner  incident  to 
their  business,  shall  not  be  deemed  a violation  of  this  sec- 
tion. 

659.  Any  person  desiring  a license  to  keep  or  drive  any 
hack,  hackney-carriage,  omnibus  or  other  vehicle,  for  the 
carrying  of  passengers  for  hire  within  said  city,  shall  apply, 
in  writing,  to  the  mayor  therefor,  and  pay  into  the  city 
treasury  the  sum  of  money  or  license  fee  elsewhere  in  this 
ordinance  prescribed  for  such  purpose,  and  shall  also  execute 
a bond  to  the  city  in  the  penal  sum  of  three  hundred  dol- 
lars, with  sureties,  to  be  approved  by  the  mayor,  conditioned 


THE  CLTY  OF  SPRINGFIELD. 


317 


for  the  faithful  observance  of  all  ordinances  which  are  or 
may  be  in  force,  regulating  or  relating  to  his  said  occupa- 
tion, and  thereupon  such  applicant  shall  be  entitled  to 
receive  from  the  city  clerk  a license  in  due  form. 

660.  It  shall  be  the  duty  of  the  city  clerk  to  keep  a 
register  of  the  date  and  number  of  each  license  so  issued, 
and  to  indorse  upon  each  the  number  thereof ; and  the  per- 
son so  licensed  shall  cause  such  num.ber  to  be  plainly  painted 
or  affixed,  in  a conspicuous  place,  on  the  outside  of  his  ve- 
hicle, and  shall  keep  the  same  so  painted  or  affixed  during 
the  continuance  of  his  "license,  under  a penalty  of  one  dollar 
for  each  and  every  day  such  vehicle  may  be  used  without 
being  numbered  or  designated  as  aforesaid. 

661.  Every  licensed  hackman,  or  driver  of  a hackney- 
coach  or  omnibus,  engaged  in  conveying  persons  for  hire, 
shall  wear,  in  some  conspicuous  place  about  his  person,  a 
badge,  or  rectangular  metal  plate,  on  which  shall  be  engraved, 
in  plain  letters,  the  word  “hack,”  or  other  word  designating 
the  kind  of  vehicle  which  he  is  authorized  to  drive,  and  also 
the  number  of  the  vehicle ; which  badge  he  shall  be  entitled 
to  receive  from  the  city  clerk,  upon  the  payment  of  a fee  of 
not  exceeding  fifty  cents. 

662.  Every  hack  or  hackney-coach,  licensed  under  the 
provisions  of  this  article,  or  any  ordinance  of  the  city,  shall, 
when  driven  in  the  night-time,  have  a lighted  lamp  affixed 
on  some  conspicuous  part  of  both  sides  of  the  outside 
thereof ; and  every  omnibus,  when  driven  in  the  night-time, 
shall  have  a lighted  lamp  fixed  in  or  upon  a conspicuous  part 
of  the  front  thereof.  Any  owner  or  driver  of  any  such  vehi- 
cle, who  shall  violate  or  fail  to  comply  with  the  requirements 
of  this  section,  shall  incur  a penalty  of  not  less  than  three 
dollars  nor  more  than  ten  dollars  for  each  offense. 

663.  Duly  licensed  owners  or  drivers  of  hacks,  hackney- 
coaches,  omnibuses  or  other  vehicles,  for  the  conveyance  of 
persons  or  passengers  for  hire,  within  said  city,  shall  be 
permitted  to  charge  and  receive  the  following  prices  and 
fees,  and  no  more,  to-wit : 

First — For  conveying  one  passenger  from  one  railroad 
depot  to  another,  within  the  city,  or  for  any  distance  not 
exceeding  one  mile,  fifty  cents  ; for  each  additional  passenger 
of  the  same  family  or  party,  twenty-five  cents. 

Second — For  conveying  one  passenger  exceeding  one  mile, 
and  any  distance  within  the  corporate  limitsj  one  dollar; 
for  each  additional  passenger  of  the  same  family  or  party, 
fifty  cents. 


318 


GENERAL  ORDINANCES  OF 


Third— conveying  children  between  five  and  fourteen 
years  of  age,  one-half  the  above  rates  may  be  charged  for 
like  distances ; but  no  charge  shall  be  made  for  children 
under  five  years  of  age. 

Fourth — For  the  use  by  the  day  of  any  hack,  hackney- 
coach,  or  other  vehicle  drawn  by  two  horses,  with  driver, 
not  exceeding  eight  dollars. 

Fifth — For  the  use  of  any  hackney-coach  or  other  two- 
horse  carriage,  with  driver,  by  the  hour,  with  the  privilege 
of  going  from  place  to  place,  and  stopping  as  often  as  de- 
sired, the  sum  of  two  dollars  for  the  first  hour,  and  one 
dollar  for  each  hour  thereafter. 

Sixth — Each  adult  passenger  in  any  such  vehicle  shall  be 
allowed  to  have  conveyed  thereon,  without  charge,  his  ordi- 
nary traveling  baggage,  including  one  trunk. 

664.  Every  licensed  owner  or  driver  of  any  hack,  hack- 
ney-coach, omnibus,  or  other  vehicle  for  the  conveyance  of 
persons  for  hire,  within  said  city,  shall  place  and  keep  fixed 
in  some  conspicuous  part  of  the  interior  of  his  vehicle, 
where  it  can  be  conveniently  read  by  persons  riding  in  the 
same,  a printed  card  containing  the  number  of  his  license, 
and  a copy  of  the  foregoing  section  of  this  article,  prescrib- 
ing the  rates  or  fares  authorized  to  be  charged  for  trans- 
porting passengers.  Any  violation  or  failure  to  comply  with 
the  requirements  of  this  section  shall  subject  the  offender 
to  a penalty  of  three  dollars,  and  to  a further  penalty  of 
one  dollar  for  each  day,  after  the  first  conviction,  that  he 
shall  continue  to  violate,  or  fail  to  comply  with,  the  same. 

665.  Every  driver  or  runner  of  any  hack,  hackney-car- 
riage, omnibus,  or  other  vehicle  for  the  conveyance  of  pas- 
sengers for  hire,  shall,  while  at  any  railroad  depot  within 
said  city,  remain  with  his  vehicle ; and  it  shall  be  unlawful 
for  any  driver  or  runner  aforesaid  to  leave  his  vehicle,  at 
any  passenger  depot,  to  solicit  passengers  or  baggage  for 
any  hotel,  boarding  house,  or  other  such  place : Provided, 
that  this  section  shall  not  be  construed  to  prevent  any  driver 
or  runner  from  obtaining  the  baggage  of  travelers  or  other 
persons  who  may  employ  him  at  any  such  depot. 

666.  Any  person,  being  the  driver  or  manager  of  any 
vehicle  for  the  conveyance  of  passengers  for  hire,  licensed 
under  any  ordinance  of  the  city,  who  shall,  when  requested, 
and  on  the  tender  of  his  lawful  fare,  refuse  to  carry  any 
person,  unless  actually  engaged  at  the  time ; or  who,  having 
undertaken  to  carry  any  person,  shall  neglect  or  refuse  to 
do  as  requested,  he  shall,  in  either  case,  be  subject  to  a 
penalty  of  not  less  than  two  dollars  nor  more  than  ten  dol- 
lars. 


THE  CITY  OF  SPRINGFIELD. 


319 


667.  Whenever  any  article  of  baggage,  or  package  of 
goods,  shall  be  left  by  any  person  in  or  upon  any  licensed 
hack,  hackney-coach,  omnibus,  dray,  wagon,  or  other  vehicle 
for  the  conveyance  of  passengers,  goods  or  baggage,  within 
the  city ; or  when  any  such  article  or  package  shall  be  left 
in  the  care  of  the  driver  or  runner  of  such  vehicle,  such 
driver  or  runner  shall,  upon  the  discovery  thereof,  forthwith 
deliver  the  same  at  police  headquarters,  into  the  hands  of 
the  officer  on  duty  there,  unless  such  article  or  package  shall 
be  sooner  delivered  by  him  to  the  owner  or  person  entitled 
to  the  possession  thereof.  Any  driver  or  runner  of  any 
such  vehicle,  neglecting  or  refusing  to  comply  with  any  pro- 
vision of  this  section,  shall  forfeit  and  pay  a penalty  of  not 
less  than  two  dollars  nor  more  than  twenty-five  dollars  in 
each  case. 


Article  II. 

DRAYS,  CARTS  AND  WAGONS. 

668.  No  person  shall  engage  in  or  follow  the  occupation 
of  transporting  goods  for  hire,  in  any  vehicle,  or  shall  keep, 
own  or  use  any  dray,  cart,  wagon,  or  other  vehicle  for  the 
purpose  of  carrying  goods,  merchandise  or  other  property, 
for  hire  or  gain,  from  one  place  to  another,  within  the  city 
of  Springfield,  without  having  obtained  a license  therefor 
from  the  city,  under  the  penalty  of  not  exceeding  five  dol- 
lars for  each  load  or  parcel  so  carried  without  license : Pro- 
vided, that  for  wagons  or  other  vehicles  kept  or  used  by 
merchants,  manufacturers,  lumbermen,  or  other  persons, 
for  the  carrying  of  their  own  property,  or  the  delivery  with- 
out charge  of  articles  or  goods  sold  by  them,  or  for  the 
hauling  of  earth,  sand  or  building  material,  no  license  fee 
shall  be  required. 

669.  Any  person  wanting  a license  to  keep  or  run  any 
dray,  cart,  job  or  express  wagon,  or  other  vehicle  for  the 
carrying  of  goods  or  property  for  hire,  shall  apply  in  writ- 
ing to  the  mayor,  and  upon  paying  into  the  city  treasury 
the  license  fee  prescribed  by  ordinance  for  such  vehicle,  and 
executing  a bond  to  the  city  in  the  penal  sum  of  three  hun- 
dred dollars,  with  sureties  to  be  approved  by  the  mayor, 
conditioned  for  the  prompt  delivery  of  all  property  entrusted 
to  his  caie,  and  the  due  observance  of  all  ordinances  which 
are  or  may  be  in  force,  regulating  or  relating  to  his  business 
or  occupation,  such  applicant  shall  be  entitled  to  receive  a 
license  in  due  form,  and  such  license  may  be  issued  to 
either  the  owner  or  driver  of  the  vehicle. 


320 


GENERAL  ORDINANCES  OF 


670.  Every  licensed  owner  or  driver  of  any  such  vehicle, 
engaged  in  hauling  goods  or  property  for  hire,  within  said 
city,  shall  have  placed  or  painted  on  the  outside  of  the  bed 
or  body  of  his  vehicle,  in  plain  figures,  the  number  of  his 
license,  and  shall  keep  the  same  so  fixed  or  painted  thereon 
during  the  continuance  of  such  license,  under  a penalty  of 
one  dollar  for  each  day  that  such  vehicle  may  be  used  with-’ 
out  being  numbered  as  aforesaid. 

671.  Draymen,  carters,  and  owners  or  drivers  of  job, 
express  and  transportation  wagons,  licensed  under  the  pro- 
visions of  this  article,  or  any  ordinance  of  said  city,  and 
engaged  in  hauling  goods,  wares  or  merchandise,  from  one 
place  to  another,  for  hire  or  reward,  shall  be  allowed  to 
charge  and  receive,  including  loading  and  unloading  of  the 
same,  the  following  rates  or  prices,  to-wit : 

First — For  transporting  each  load  of  500  pounds  weight  or 
less,  within  a distance  of  four  blocks,  thirty-five  cents ; over 
four  blocks  and  not  exceeding  eight  blocks,  forty  cents ; over 
eight  blocks  and  within  the  city  limits,  fifty  cents. 

Second — For  loads  of  over  500  pounds  weight,  and  when 
the  distance  is  more  than  four  blocks,  twenty-five  cents  extra 
per  load. 

Third — For  each  load  of  household  furniture,  of  one-horse 
truck,  within  four  blocks,  fifty  cents ; over  four  blocks  and 
within  the  city  limits,  one  dollar. 

Fourth — For  a double  truck  load  of  household  goods  or 
furniture,  within  four  blocks,  seventy-five  cents ; over  four 
blocks  and  within  the  city  limits,  one  dollar  and  fifty  cents. 

672.  Every  person  licensed  as  aforesaid  to  keep  or  use 
a dray,  cart,  wagon  or  other  vehicle,  for  the  carrying  of 
goods  or  property  for  hire,  within  said  city,  shall  at  all  times 
keep  a certified  copy  of  the  foregoing  section  of  this  article 
prescribing  the  rates  authorized  to  be  charged  for  such  ser- 
vices, and  shall,  upon  demand,  produce  the  same  for  the 
inspection  of  any  person  employing  him,  under  a penalty  of 
three  dollars  for  every  neglect  or  refusal  so  to  do.  And  if 
any  person  so  licensed  shall  produce  any  false  or  fraudulent 
certificate  of  rates  to  any  person  employing  him,  or  seeking 
to  employ  him,  he  shall  be  subject  to  a penalty  of  not  less 
than  five  dollars  nor  more  than  fifty  dollars,  and  it  shall  be 
cause  for  revoking  his  license. 

673.  No  person,  being  the  driver  of  any  dray,  cart, 
wagon,  or  other  vehicle  for  transporting  goods  or  property 
for  hire,  licensed  under  any  ordinance  of  said  city,  shall, 
when  requested  by  any  one,  and  upon  the  tender  of  his 
lawful  fare,  refuse  to  carry  any  load  or  parcel,  unless  actu- 
ally employed-  at  the  time ; nor,  having  undertaken  to  carry 


THE  CITY  OF  SPRINGFIELD. 


321 


any  load  or  parcel,  shall  neglect  or  refuse  to  do  so  as  re- 
quested, under  a penalty,  in  either  case,  of  not  less  than 
two  dollars  nor  more  than  ten  dollars. 

674.  If  any  owner  or  driver  of  any  vehicle,  within  said 
city,  whether  licensed  as  aforesaid  or  otherwise,  and  whether 
for  the  transporting  of  goods  or  passengers  for  hire,  shall 
ask,  take,  charge  or  receive,  either  before  or  after  the  work 
is  done,  any  greater  sum  for  any  transportation  than  he  is 
authorized  by  ordinance  to  charge,  he  shall  refund  the  excess 
of  fare  so  received,  and  shall,  on  conviction,  be  fined  not 
less  than  five  dollars  nor  more  than  fifty  dollars  for  each 
offense. 


Article  III. 

STANDS  FOR  LICENSED  VEHICLES  — REGULATED  BY  THE  POLICE 
SUPERINTENDENT . 

675.  So  much  of  Washington,  Adams,  Fifth  and  Sixth 
streets,  as  is  included  within  the  Court  House  side  or  sides 
of  the  Public  Square,  in  the  city  of  Springfield,  is  hereby 
designated  and  set  apart  as  a public  stand  for  the  use  of 
vehicles,  licensed  under  the  ordinances  of  said  city  for  trans- 
porting either  persons  or  property  for  hire,  while  waiting  for 
employment. 

676.  It  shall  be  the  duty  of  the  superintendent  of  police 
of  the  city  to  designate  the  respective  places  within  said 
defined  space  or  limits  for  the  different  kinds  of  licensed 
vehicles  to  stand,  so  that  each  class  shall  be  kept  together: 
Provided,  that  no  vehicle  shall  be  permitted  to  stand  cross- 
wise to  the  street,  nor  less  than  fifteen  feet  from  any  street 
crossing  on  said  public  square,  nor  so  as  to  obstruct  or 
impede  the  way  to  any  of  the  four  main  entrances  to  the 
Court  House  grounds. 

677.  No  owner  or  driver  of  any  vehicle,  licensed  as  afore- 
said, shall  make  a regular  stand,  while  waiting  for  employ- 
ment, at  any  other  place  on  any  street,  avenue  or  public 
ground,  than  is  above  provided  in  this  article,  under  a 
penalty  of  two  dollars  for  each  offense,  and  a further  penalty 
of  one  dollar  for  each  day,  after  the  first  conviction,  that 
the  same  may  be  continued. 

678.  All  owners  or  drivers  of  licensed  vehicles,  for  the 
conveyance  of  either  goods  or  passengers  from  one  place  to 
another,  for  hire  or  reward,  may  pursue  their  vocations  at 
or  about  any  of  the  railroad  depots  in  said  city,  subject  to 
such  reasonable  rules  and  regulations,  not  inconsistent  w 

—21 


322 


GENEEAL  OEDINANCES  OF 


the  ordinances,  as  shall  be  prescribed  for  their  government 
by  the  superintendent  of  police,  with  the  concurrence  of  the 
mayor;  and  for  any  violation  of  such  rules  and  regulations 
of  said  superintendent,  after  the  samS  shall  have  been  made 
and  posted  upon  or  about  said  depots,  the  offender  shall, 
for  each  offense,  be  subject  to  a fine  of  not  less  than  five 
dollars  nor  more  than  twenty-five  dollars. 

679.  The  superintendent,  or  any  member,  of  the  police 
force,  shall  have  power  and  authority  to  order  away  from 
any  public  stand,  railroad  depot,  or  other  public  ground, 
within  said  city,  any  hack,  hackney-coach,  omnibus,  dray, 
cart,  wagon,  or  other  vehicle  for  the  conveyance  of  either 
persons  or  property  for  hire,  whenever  the  same  shall  be 
obstructing  any  way  or  street,  or  whenever  the  horses  or 
other  animals  attached  thereto  are  unruly  or  unsafe,  or 
whenever  the  driver  or  person  having  charge  of  any  such 
vehicle  is  intoxicated  or  disorderly.  If  any  driver  or  other 
person,  being  in  charge  of  any  such  vehicle,  shall  neglect  or 
refuse  to  obey  any  su^  order  of  the  superintendent  or  other 
police  officer  of  the  city,  he  shall,  on  conviction,  be  fined 
not  exceeding  five  dollars  for  every  such  offense. 


THE  CITY  OF  SPEINGFIELD. 


323 


CHAPTER  XXVIII. 

THE  WATEE-WOKKS. 


Aeticle  I.  Board  of  Water  Commissioners— Powers  and  Duties  of— Assess- 
ments, etc. 

II.  Provisions  Delating  to  the  Government  and  Protection  of  the 
Water- Works. 

III.  Rules  Governing  the  Use  of  Water, -and  Regulating  Plumbers  and 
Plumbing  Work. 


Article  1. 


THE  BOARD  OF  WATER  COMMISSIONERS — POWERS  AND  DUTIES  OF — 
ASSESSMENTS — WARRANTS  FOR,  ETC. 

Sec.  680.  The  board  of  water  commissioners  in  and  for 
the  City  of  Springfield,  now  or  hereafter  to  be  elected,  as 
provided  by  law,  shall  have  the  entire  management  and  con- 
trol of  the  grounds,  pumping  works,  machinery,  reservoir, 
water  mains,  distributing  pipes,  hydrants,  meters,  and  all 
other  property  and  effects  belonging  to  the  water-works  of 
said  city.  Said  board  shall  have  power  to  make  all  neces- 
sary excavations  and  improvements  in  and  upon  the  water- 
works lands,  and  to  lay  all  .necessary  pipes  and  erect  hydrants 
in  and  along  the  streets,  avenues  and  alleys  of  the  city,  and 
also  to  construct  jets  and  fountains  in  any  of  the  public 
grounds  thereof,  with  the  consent  of  the  city  council. 

681.  Each  of  the  three  commissioners  composing  said 
board,  before  entering  upon  the  duties  of  his  office,  shall 
take  the  oath  prescribed  by  law  for  other  city  officers,  and 
execute  a bond  to  the  City  of  Springfield  in  the  penal  sum 
of  six  thousand  dollars,  with  such  sureties  as  the  city  coun- 
cil shall  approve,  conditioned  for  the  faithful  performance 
of  his  duties  as  such  commissioner,  and  the  payment  of  all 
moneys  received  by  him,  according  to  law;  which  oath  and 
bond  shall  be  filed  with  the  city  clerk.  The  superintendent 
of  water- works  shall,  before  he  enters  upon  the  duties  of  his 
office,  give  a bond  to  the  city  in  the  penal  sum  of  two 


324 


GENERAL  ORDINANCES  OF 


thousand  dollars,  with  sureties,  to  be  approved  by  the  city 
council  or  board  of  water  commissioners,  conditioned  for  the 
faithful  performance  of  his  duties  as  such  superintendent. 

682.  It  shall  be  the  duty  of  the  board  of  water  com- 
missioners to  erect  and  maintain  public  hydrants  of  such 
size  and  capacity,  and  in  such  localities,  within  said  city,  as 
they  may  deem  necessary  or  desirable,  for  use  in  extinguish- 
ing fires ; and  said  board  shall,  from  time  to  time,  assess 
upon  the  person  or  persons  owning  or  occupying  any  house 
or  other  building  situated  in  the  vicinity  of  any  public  hy- 
drant, when  said  house  or  other  building  is  not  supplied 
with  water  by  a private  hydrant,  such  amount  as,  in  the 
judgment  of  the  board,  the  owner  or  occupant  of  such  house 
or  other  building  may  be  benefitted  by  the  use  of  such  pub- 
lic hydrant ; and  such  assessment,  when  so  made,  shall 
become  a lien  upon  such  house  or  other  building,  and  upon 
the  lot  or  land  on  which  the  same  may  stand,  when  such 
house  or  other  building  and  lot  are  owned  by  the  same  per- 
son or  persons,  and  shall  be  collected  in  the  same  manner 
as  other  water  rents  of  said  city. 

683.  Said  board  of  water  commissioners  shall,  from  time 
to  time,  assess  the  amounts  to  be  paid  for  water  used  at 
each  house  or  other  building,  against  the  owner  or  owners, 
occupant  or  occupants,  of  such  house  or  other  building,  upon 
such  basis  as  they  shall  deem  just  and  equitable ; and  such 
water  rents,  when  so  assessed,  shall  become  a continuing 
lien  upon  such  house  or  other  building,  for  the  accommoda- 
tion of  which  water  shall  have  been  introduced  therein,  and 
upon  the  land  or  lot  on  which  such  house  or  other  building 
stands,  when  said  lot  or  land  and  building  are  owned  by 
the  same  person  or  persons,  from  the  time  the  water  shall 
have  been  introduced,  as  aforesaid. 

684.  It  shall  be  the  duty  of  said  water  commissioners 
to  collect  the  rents  so  assessed,  as  required  in  the  foregoing 
sections  of  this  article ; and  in  case  any  person  or  persons, 
so  assessed,  shall  neglect  to  pay  any  such  assessment  for 
ten  days  after  the  time  fixed  for  the  payment  thereof,  of 
which  due  notice  shall  be  given  in  one  or  more  newspapers 
published  in  said  city,  the  said  commissioners  shall  issue 
their  warrant,  under  the  seal  of  said  corporation,  directed 
to  any  constable  of  said  city,  or  of  the  county  of  Sanga- 
mon, commanding  him  to  make  the  amount  specified  in  such 
warrant,  being  the  amount  due  for  water  rents  as  aforesaid, 
together  with  the  cost  of  advertising  the  same,  and  such 
fees  as  constables  are  allowed  by  the  laws  of  the  State  of 
Illinois  in  the  levy  and  sale‘of  personal  property  upon  exe- 
cution, out  of  the  goods  and  chattels  of  the  person  or  per- 
sons so  assessed  as  aforesaid ; and  the  constable,  in  such 


THE  CITY  OF  SPRINGFIELD, 


325 


case,  may  thereupon  levy,  under  said  warrant,  upon  the 
personal  property  of  the  person  or  persons  against  whom  the 
same  is  issued,  and  sell  the  same,  after  first  giving  ten  days’ 
notice  of  the  time  and  place  of  sale,  in  some  newspaper  pub- 
lished in  said  city. 

685.  In  all  cases  where  the  hoard  of  water  commissioners 
shall  issue  their  warrant  or  warrants  for  the  collection  of  any 
water  rents  due  and  unpaid,  as  provided  in  section  twelve 
of  the  water-works  charter,  and  the  ordinances  passed  in 
pursuance  thereof,  the  said  warrants  shall  be  signed  by  the 
presiding  officer  of  said  board,  and  by  the  secretary  thereof, 
and  sealed  with  the  seal  of  said  corporation,  and  shall  be 
made  returnable  within  seventy  days  from  the  date  of  the 
same. 

686.  Such  warrants  may  be  substantially  in  the  follow- 
ing form: 

State  of  Illinois,  ) 

Board  of  Water  Commissioners,  Vss. 

City  of  Springfield.  ) 

The  People  of  the  State  o/  Illinois,  to  any  Constable  of  the  city  of  Springfield,  or 
county  of  Sangamon,  greeting: 

Whereas.^Y  the  water- works  charter  of  the  City  of  Springfield, Illinois. and 
the  ordinances  of  the  city  council  of  said  city  passed  in  pursuance  thereof,  the 
board  of  water  commissioners  are  vested  with  power  and  required  to  assess  the 
amounts  to  be  paid  for  water  used  at  each  house  or  other  building,  against  the 
owner  or  occupant  thereof,  and  also  to  assess  as  water  rents  upon  the  owners 
or  occupants  of  buildings  situated  upon  lands  or  lots  in  the  vicinity  of  public 
hydrants  or  fire  plugs,  such  amounts  as  they  shall  deem  equitable; 

And,  whereas.  Said  commissioners  did,  in  pursuance  of  said  power  and 
authority,  make  the  following  assessment  of  water  rents  upon  and  against  A B, 
the  owner  or  occupant  (as  the  case  may  be)  of  the  building  situated  upon  the 

following  described  lot  or  parcel  of  land,  to-wit:  Lot block 

in addition  to  the  city,  amount  of  $ and cents, 

and  against  the  said  A B as  the  owner  or  occupant  thereof; 

And,  whereas.  The  said  commissioners  did  give  notice,  as  required  by  said 
water- works  charter  and  the  ordinances  aforesaid,  that  they  had  made  said 
assessment  of  rents,  and  also  did  give  due  notice  of  the  time  for  the  payment  of 
the  same; 

And,  whereas.  The  said  A B,  against  whom  said  assessment  was  made,  has 
neglected  and  still  neglects  to  pay  said  assessment; 

Now,  therefore,  you  are  hereby  commanded  to  make,  levy  and  collect  the 
sum  or  sums  herein  specified,  being  the  amount  for  water  rents  assessed  as 
aforesaid,  together  with  the  cost  of  advertising  the  same,  and  your  lawful  fees, 
out  of  the  goods,  chattels  and  personal  property  of  the  said  A B,  assessed  as 
aforesaid,  and  make  due  return  in  what  manner  you  execute  this  warrant 
within  seventy  days  from  the  date  hereof. 

Witness  the  corporate  seal  of  the  Board  of  Water  Commissioners, 

[SEAL.l  this day  of A.  D.  18... 


President. 

Attest:  

Secretary. 

687.  The  secretary  of  said  board  shall  take  a receipt 
r ■'■he  constable  to  whom  any  warrant  may  be  delivered 
as  aiw  ffi,  and  file  the  same  among  the  records  of  the 
bo  rd.  The  constable  receiving  such  warrant  shall  indorse 


326 


GENERAL  ORDINANCES  OF 


thereon  the  time  of  his  receipt  of  the  same,  and  shall  pro- 
ceed under  said  warrant  to  levy  upon  the  personal  property 
of  the  person  or  persons  against  whom  the  same  shall  have 
been  issued,  and  shall  sell  the  said  property,  or  so  much 
thereof  as  may  be  necessary,  to  satisfy  said  ^assessment,  and 
all  lawful  costs  and  charges,  at  public  auction,  after  giving 
ten  days’  notice  of  the  time  and  place  - of  said  sale  in  some 
newspaper  published  in  said  city  of  Springfield. 

688.  It  shall  be  the  duty  of  the  board  of  water  commis- 

sioners to  return  to  the  city  council,  as  often  as  said  board 
shall  deem  necessary,  or  the  council  may  require,  the  war- 
rants for  the  collection  of  water  rents  issued  by  them  as 
hereinbefore  provided,  which  have  been  returned  unsatisfied, 
and  also  to  report  to  the  council,  at  the  same  time,  the  lots 
or  buildings  to  which  the  amounts  specified  in  such  warrants 
are  respectively  chargeable ; and  the  city  council  shall  there- 
upon take  like  proceedings  for  the  collection  of  such  amounts 
as  are  provided  by  law  for  the  collection  of  the  amount  due 
in  any  warrant  for  the  collection  of  special  sidewalk  assess- 
ments or  taxes,  after  such  warrants  have  been  returned 
unsatisfied,  and  the  amount  when  collected  shall  be  paid  to 
said  board.  ' . 

689.  Said  board  of  water  commissioners  shall  keep,  or 
cause  to  be  kept,  a full  and  accurate  record  of  all  its  pro- 
ceedings, together  with  a list  or  lists  of  all  assessments  for 
water  rents ; also  books  of  account,  showing  with  entire 
accuracy  the  amount  of  the  receipts  and  expenditures  of 
said  board,  and  also  to  file  and  carefully  preserve  in  their 
office,  vouchers  for  all  expenditures  of  the  board;  which 
record,  books,  lists  and  vouchers  shall  be,  at  all  times,  open 
to  the  examination  of  the  finance  committee  of  the  city 
council,  or  any  other  committee  or  person  appointed  by  the 
city  council  for  such  purpose. 

690.  It  shall  be  the  duty  of  said  water  commissioners  to 
make  report,  in  writing,  to  the  city  council  semi-annually,^ 
on  the  first  day  of  March  and  September  in  each  year.* 
Such  report  shall  embrace  a statement  of  the  funds  and 
securities  of  said  corporation,  and  of  all  debts  due  and 
owing  to  and  from  the  same,  together  with  an  accurate 
account  of  the  receipts  and  expenditures  of  the  board  during 
the  half  year  ending  with  said  report ; which  report  shall  be 
certified  to  by  said  commissioners  under  oath,  and  shall  be 
entered  in  full  upon  the  journal  of  the  city  council.  Said 
board  shall  also  make  an  annual  report  to  the  city  council, 
at  the  close  of  each  fiscal  year,  showing  in  detail  the  receipts 


THE  CITY  OE  SPRINGFIELD. 


327 


and  expenditures  of  the  board  for  such  year,  together  with 
such  other  information  in  regard  to  the  water-works  as  they 
may  deem  important  to  the  city. 


Article  II. 


PROVISIONS  RELATING  TO  THE  GOVERNMENT  AND  PROTECTION  OF 
THE  WATER-WORKS. 

691.  It  shall  be  unlawful  for  any  person  or  persons 
to  erect  or  maintain  any  slaughter-house,  lard  or  tallow 
rendery,  soap  factory,  tannery  or  distillery  upon  or  near 
the  Sangamon  river,  above  the  pumping  works  building 
of  said  water- works,  and  below  the  town  of  Eiverton,  in 
Sangamon  county ; and  no  person  shall  throw  or  deposit  any 
dead  animal  or  carcass,  or  any  filth  into  the  Sangamon 
river  within  three  hundred  yards  below  said  pumping  works, 
or  put  or  drive  any  hogs  or  other  animals  into  or  across 
said  river,  within  a like  distance  above  or  below  said  works. 
Nor  shall  any  person  throw  or  deposit  any  filth,  offal  dead 
animal  or  other  unhealthy  matter  or  substance  in  said  river, 
above  said  pumping  works,  or  above  the  point  or  place  from 
which  the  city  of  Springfield  is  supplied  with  water,  and 
within  five  miles  without  the  corporate  limits  of  said  city. 
Whoever  shall  violate  any  of  the  foregoing  provisions  of  this 
section,  shall  be  deemed  guilty  of  polluting  or  injuring  the 
waters  of  said  Sangamon  river,  and  shall,  upon  conviction, 
be  fined  not  less  than  ten  dollars  nor  more  than  two  hun- 
dred dollars  for  each  and  every  offense. 

692.  It  shall  be  unlawful  for  any  person,  at  any  time,  to  go 
into  the  Sangamon  river  to  bathe  or  swim,  within  five  hundred 
yards  above  said  pumping  works  building,  or  within  three 
hundred  yards  below  the  same,  under  a penalty  of  not  less 
than  three  dollars  nor  more  than  ten  dollars  for  each  offense ; 
and  it  shall  be  the  duty  of  the  water-works  commissioners 
and  the  superintendent  to  see  that  the  provisions  of  this  and 
the  preceding  sections  of  this  article  are  strictly  enforced. 

693.  No  person  shall  ascend  or  climb  up  and  down  the 
reservoir  embankment  of  said  water-works,  except  by  the  stair- 
ways built  for  that  purpose,  or  in  any  way  injure  said  embank- 
ment, or  any  water  main  or  pipes  connected  with  the  reser- 
voir; nor  shall  injure,  remove  or  carry  away  any  tree,  shrub 
or  plant,  or  anything  placed  in  the  reservoir  grounds  for 
use  or  ornament ; nor  shall  cut,  deface  or  injure  any  shade 
tree,  gateway,  fence,  or  other  inclosure  belonging  to  the 
reservoir  grounds ; nor  shall  throw  or  deposit  any  filth,  offal 


328 


GENERAL  ORDINANCES  OF 


or  dead  animal  into  the  reservoir  basin,  or  into  the  lakes 
surrounding  the  same,  under  a penalty  of  not  less  than  three 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 
It  is  hereby  made  the  duty  of  the  superintendent  of  the  water- 
works, and  of  the  watchman  in  charge  of  said  reservoir 
grounds  or  park,  to  prosecute  all  persons  violating  any  of  the 
provisions  of  this  section. 

694.  No  person  shall  take  or  use  any  water  from  any 
private  hydrant,  or  from  any  cistern  which  may  have  been 
filled  in  whole  or  in  part  from  -the  water- works,  unless  such 
person  shall  have  paid  for  the  same,  and  received  a permit 
to  do  so  from  the  secretary  or  superintendent  of  said  works, 
under  a penalty  of  not  exceeding  five  dollars  for  each  and 
every  offense. 

695.  Upon  the  return  of  any  bill  to  thej  office  of  said 
board  for  non-payment,  the  water  may  be  immediately  shut 
off  from  the  consumer  so  failing  to  pay;  and  when  there  is 
a cistern  on  the  premises,  it  shall  not  be  turned  on  again 
until  the  water  rent  is  paid  as  in  ordinary  cases,  and  also 
all  back  rent,  including  up  to  the  end  of  the  term  or  half 
year  in  which  the  water  was  turned  off,  and  where  there  is 
no  cistern  on  the  premises,  the  back  rents  shall  be  paid  up 
to  the  time  when  the  water  was  shut  off. 

696.  In  all  cases  where  there  is  a cistern  on  the  premises, 
and  the  water  from  said  works  is  not  used  and  paid  for  for 
three  months  in  succession,  it  shall  be  lawful  for  the  superin- 
tendent or  secretary  of  said  board  to  have  the  ferrule  drawn 
at  the  expense  of  the  owner  of  the  premises,  or  of  the  per- 
son who  may  wish  the  water  turned  on  again : Provided, 
that  ten  days’  notice  shall  be  given  to  the  owner  or  occupant 
of  such  premises  before  the  ferrule  is  drawn,  and  the  same 
rule  shall  apply  to  all  hydrants  that  have  not  been  used  and 
paid  for  during  the  preceding  three  months ; and  when  there 
is  no  cistern  on  the  premises,  and  the  hydrant  or  other  fix- 
ture is  or  shall  be  out  of  use  for  six  months,  the  superin- 
tendent or  secretary  shall,  in  like  manner,  have  power  to 
cause  the  ferrule  to  be  drawn  at  the  expense  of  the  owner 
or  occupant  of  the  premises;  and  in  all  cases  where  the 
water  has  been  turned  off  for  non-payment  of  the  water  rent, 
or  by  any  other  rule  of  the  board  of  water- works,  by  order  of 
any  officer  thereof,  and  afterward  found  on  again,  the  superin- 
tendent or  secretary  shall  cause-  the  ferrule  to  be  drawn,  and 
it  shall  not  be  re-instated  again  until  all  back  rents  are  paid 
up,  and  five  dollars  additional  for  drawing  and  replacing  the 
ferrule.  This  section,  and  the  section  immediately  preced- 
ing, shall  not  be  so  construed  as  to  affect  new  occupants  of 
premises,  who  are  not  indebted  for  previous  water  rents. 


THE  CITY  OF  SPRINGFIELD. 


329 


697.  In  all  cases  where  there  is  a cistern  on  a line  between 
two  separate  premises,  so  situated  that  it  can  be  filled  from 
any  hydrant  or  pipe  connected  with  the  water-works,  and 
liable  to  be  used  by  the  occupants  of  both  premises,  the 
water  shall  not  be  allowed  on  either,  unless  all  the  families 
using  such  water  from  such  cistern  shall  pay  proportion- 
ately for  the  same. 

698.  All  plumbers  desiring  to  obtain  permits  to  make 
attachments,  enter  hydrants,  or  to  do  any  plumbing  work 
in  connection  with  the  water-works  in  the  city  of  Springfield, 
shall,  before  receiving  any  permit  so  to  do,  file  in  the  office 
of  the  board  of  water  commissioners  their  petition  in  writing, 
giving  their  place  of  business  and  the  name  of  the  person 
or  firm  asking  to  become  or  continue,  as  the  case  may  be, 
a plumber  in  connection  with  said  works,  stating  their  will- 
ingness to  be  governed  by  the  by-laws,  rules  and  regula- 
tions of  said  works,  passed  by  said  board  of  commissioners, 
or  the  city  council  of  said  city,  and  every  such  plumber 
shall  conform  to  and  be  subject  to  all  and  singular  the  rules 
and  regulations,  conditions  and  penalties,  herein  provided, 
or  which  may  hereafter  be  adopted  by  said  board  or  city 
council. 

699.  All  plumbers  shall  make  full  and  complete  returns 
of  the  uses  for  and  to  which  water  is  applied,  under  any 
permit  granted  to  enter  any  premises,  or  to  make  any 
attachments  in  connection  with  said  water-works ; said 
returns  to  be  made  by  the  plumber  or  plumbers  doing  the 
work,  on  the  first  day  of  each  month,  showing  the  work 
done  during  the  preceding  month.  And  no  water  shall  be 
let  on  to  any  premises  until  a full  return  is  made  by  the 
plumber,  in  accordance  with  the  rules  and  regulations  here- 
inafter prescribed.  In  making  such  report  or  return  of 
permits,  the  plumber  shall  make  an  accurate  and  complete 
measurement  of  the  distance  north,  south,  east  and  west 
from  the  comer  of  the  nearest  street  running  at  right  angles 
with  the  street,  alley,  or  other  public  place,  from  which 
such  entry  is  made,  the  measurement  to  be  made  in  a 
direct  line  with  the  face  or  front  of  the  houses  on  such  right 
angle  street ; said  return  shall  also  state  the  name  of  the 
street  containing  the  pipe  into  which  such  entry  has  been 
made,  and  whether  the  hydrant  or  other  fixtures  enters  on 
the  north,  south,  east  or  west  side  of  the  same,  the  exact 
location  of  the  stop-cock,  and  how  far  back  of  the  stop-cock 
such  hydrant  or  fixture  is  placed.  It  shall  be  the  duty  of 
the  superintendent  of  the  water-works  to  see  that  the  pro- 
visions of  this  section  are  strictly  complied  with  in  all  re- 
spects. 


330 


GENERAL  ORDINANCES  OF 


700.  No  street,  alley,  highway  or  other  public  place 
shall  be  opened,  or  public  pipes  bored,  or  attachments  made 
to  any  of  the  water  pipes  belonging  to  said  city,  unless 
under  the  direction  or  by  the  consent  of  the  board  of  water 
commissioners,  or  their  proper  officers  or  employes,  nor 
shall  it  be  lawful  for  any  person  or  persons  to  enter  and 
conduct  water  from  said  pipes  to  any  hydrant,  bath,  water- 
closet,  cistern,  or  for  any  other  purpose  whatever,  except  in 
accordance  with  the  written  consent  of  the  proper  officers 
of  the  water-works,  under  a penalty  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  and 
every  such  offense. 

701.  No  plumber  shall  be  permitted  to  enter  the  pipes 
or  conduct  water  into  any  two  distinct  premises  or  tene- 
ments, unless  separate  and  distinct  stop-cocks  shall  be 
placed  on  the  inside  of  such  premises,  on  the  sidewalk,  or 
in  the  alley  opposite  the  same,  and  also  an  additional  main- 
stop  on  the  sidewalk  opposite  the  ferrule ; nor  shall  pipe  be 
allowed  to  cross  lots  to  adjoining  premises. 

702.  No  ferrule  shall  be  entered  by  any  plumber  or  other 
person  in  any  premises,  when  a ferrule  has  been  previously 
inserted,  or  water  conveyed  for  the  purpose  of  giving  an 
increased  or  additional  supply,  except  in  conformity  with 
and  subject  to  the  rules  and  regulations  of  said  water- works. 
Nor  shall  any  two  ferrules  be  entered  in  any  of  the  leading 
mains  within  the  distance  of  two  feet  from  each  other,  nor 
shall  any  of  the  main  pipes  of  the  city,  above  the  inside 
diameter  of  ten  inches,  be  tapped  for  any  purpose  except  to 
make  connection  with  other  mains,  or  for  fire  purposes ; nor 
shall  any  attachment  be  made  to  any  premises  where  the 
use  of  water  has  been  previously  had  or  obtained,  until  the 
ferrule  or  ferrules  previously  used  and  now  out  of  use  shall 
be  drawn,  and  the  opening  where  such  ferrule  or  Jerrules 
were  previously  inserted  shall  have  been  securely  stopped 
with  a brass  plug,  at  the  expense  of  the  person  owning  the 
premises. 

703.  No  ferrule  shall  be  inserted  in  any  of  the  leading 
water  mains  above  the  size  of  five-eighths  (f)  of  an  inch  in- 
side diameter  of  opening,  unless  with  the  consent  of  the 
chief  executive  officer  of  the  water-works,  and  in  all  cases 
where  ferrules  of  a larger  size  are  asked  for,  permits  shall 
only  be  granted  to  enter  such  ferrules  on  condition  that  the 
parties  obtaining  such  grant  shall  pay  the  cost  of  ferrules. 

704.  In  removing  pavements,  or  making  excavations  for 
the  purpose  of  inserting  ferrules,  making  attachments  or  re- 
pairs, the  earth  and  gravel  must  be  deposited  in  such  man- 


THE  CITY  OF  SPRINGFIELD. 


331 


ner  as  to  guard  against  inconvenience  to  the  public,  by  ob- 
structing streets,  alleys  or  sidewalks.  Nor  shall  any  hole 
made  in  any  street,  alley  or  sidewalk  be  left  open  and  unpro- 
tected during  the  night. 

705.  No  plumber  or  other  person  shall  make  any  attach- 
ment to  any  old  pipe  or  other  fixture,  which  has  been  shut 
off  by  the  rules  of  the  water-works,  or  which  is  out  of  use, 
without  having  first  obtained  a permit  or  re-issue.  Nor  shall 
any  plumber  or  other  person  make  any  alteration  in  any  of 
the  conduct-pipes  or  other  fixtures  attached  to  the  water- 
works, so  as  to  conduct  water  into  adjoining  premises,  with- 
out a written  permit  to  do  so,  signed  by  the  proper  officer 
of  said  works. 

706.  No  person  shall  place  a hydrant  in  any  front  yard 
or  common  of  any  premises,  so  as  to,  be  easily  accessible  to 
persons  living  in  or  occupying  neighboring  premises  ; and  the 
water  shall  not  be  allowed  to  pass  to  such  hydrant,  or,  if 
turned  on  to  any  hydrant  now  or  hereafter  so  put  in,  shall 
be  shut  off,  until  such  hydrants  is  removed  to  some  unexposed 
place  on  said  premises. 

707.  All  attachments  by  ferrules  or  otherwise  to  the 
main  feeding  pipes  shall  be  made  by  the  water-works  em- 
ployes, under  the  supervision  of  the  proper  officer  of  the 
works,  and  all  ferrules,  and  the  costs  of  inserting  the  same, 
shall  be  paid  for  by  the  plumber  in  whose  name  the  permit 
issued. 

708.  All  service  pipe  of  whatever  nature  put  down  by 
plumbers,  and  attached  to  the  water-works,  shall  be  of  a 
quality  and  strength  equal  to  the  standard  adopted  by  the 
board  of  water  commissioners. 

709.  Plumbers  making  repairs  to  hydrants  or  other  fix- 
tures attached  to  the  water-works,  in  cases  where  the  water 
has  been  shut  off  on  account  of  leaks  or  other  defects,  shall 
give  to  the  owner  or  occupant  of  the  premises  a written  cer- 
tificate, stating  that  such  hydrant  has  been  properly  repaired ; 
otherwise,  the  water  shall  not  be  let  on,  and  no  plumber 
shall,  after  making  such  repair,  or  after  putting  in  any  new 
hydrant  or  other  attachment,  leave  the  stops  open  and  water 
on. 

710.  Every  plumber  who  shall  make  an  attachment  to 
any  hydrant  or  pipe,  for  the  purpose  of  conducting  water  to 
any  stable,^  bath,  water-closet,  or  for  any  additional  use,  shall 
report  sucn  attachment  or  change,  within  ten  days  thereafter, 
and  enter  the  same,  in  a concise  manner,  in  a book  to  be 
kept  for  that  purpose  in  the  office  of  the  secretary  of  said 
board. 


332 


GENERAL  ORDINANCES  OF 


711.  Any  plumber  or  other  person  who  shall  violate  or 
fail  to  comply  with  the  provisions  of  any  of  the  twelve  last 
preceding  sections  of  this  article,  shall,  upon  conviction 
thereof,  be  fined  in  any  sum  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars  for  each  offense,  and  shall 
also  be  liable  for  all  damages  that  may  accrue  to  the  water- 
works from  any  such  violation  or  failure  to  comply. 


Article  III. 


RULES  GOVERNING  THE  USE  OF  WATER,  AND  REGULATING  PLUMBERS 
AND  PLUMBING  WORK. 

712.  The  following  rules  and  regulations  are  hereby 
adopted,  governing  the  use  of  water  from  the  water-works  in 
said  city: 

First. — All  applications  for  water  shall  state  fully  and  truly 
all  the  purposes  for  which  it  is  required,  and  shall  be  signed 
by  the  owner  or  agent  of  the  premises ; and,  in  case  of  fraud- 
ulent use  of  the  water,  the  supply  will  be  stopped,  unless  the 
person  shall  promptly  pay  such  additional  and  reasonable 
charges  as  the  board  of  water  commissioners  may  impose. 

Second. — No  addition  or  alteration  whatever,  in  or  about 
any  conduct-pipe  or  water-cock,  shall  be  made,  or  caused  to 
be  made,  by  persons  taking  the  water,  without  notice  thereof 
being  previously  given  to,  and  permission  had  from,  the  said 
board. 

Third. — All  water  rents  and  benefits  shall  be  due  and  pay- 
able annually,  in  advance,  at  the  office  of  the  board,  from 
the  first  day  of  July  in  each  and  every  year. 

Fourth. — All  .officers  and  employes  of  the  water-works  shall 
have  free  access,  at  all  reasonable  hours,  to  premises  where 
water  is  used. 

Fifth. — Hydrants,  plugs,  stop-boxes,  hose,  and  all  other 
attachments  must  be  kept  in  complete  repair  by  the  owner 
or  occupant  of  the  premises. 

Sixth.—'^o  person,  without  a written  permit  from  the  board, 
shall  be  allowed  to  turn  a public  or  private  stop-cock. 

Seventh. — All  service  pipe  must  be  laid  at  least  four  feet 
below  the  surface  of  the  ground,  and  all  pipe  outside  the 
public  stop  must  be  “extra  strong.” 

Eighth. — In  all  cases  where  more  than  one  family  or  con- 
sumer is  supplied  from  a .pipe  or  pipes  governed  by  one  stop, 
the  owner  or  lessee  of  the  building,  or  the  party  introducing 


THE  CITY  OF  SPRINGFIELD. 


333 


the  water,  must  become  responsible  for  the  payment  of  all 
bills,  and  the  keeping  in  good  repair  of  all  pipes,  hydrants, 
etc.,  otherwise,  the  water  will  be  shut  off  from  the  building 
so  supplied,  until  such  responsibility  is  assumed. 

Ninth. — Hydrants  must  not  be  located  so  as  to  be  exposed 
to  use  by  non-paying  consumers,  and  all  hydrants  so  situated 
must  be  removed  to  some  secure  location,  upon  notice,  or 
the  water  will  be  turned  off.  No  hydrant  will  be  permitted 
on  the  sidewalk,  or  in  the  front  area  of  premises,  neither 
will  they  be  permitted  to  be  kept  running  when  not  in  actual 
use  by  the  owner  or  occupant.  Taps  at  wash-basins,  water- 
closets,  baths  and  urinals,  must  be  kept  closed  in  like 
manner. 

Tenth. — Upon  the  return  of  a bill  to  the  office  for  non- 
payment, the  water  may  be  immediately  shut  off,  and  where 
the  ferrule  is  drawn,  five  dollars  additional  will  be  charged 
for  re-setting  the  same. 

Eleventh. — In  all  cases  where  water  is  turned  off  for  abuse, 
the  owner  or  occupant  of  the  premises  shall  pay  fifty  cents 
for  turning  off  the  water,  and  the  same  sum  for  turning 
it  on. 

Twelfth. — No  ferrule,  stop-cock,  stop-box,  or  pipe  between 
the  stop-cock  and  street-pipe,  shall  be  removed  without  per- 
mission of  the  board. 

Thirteenth. — Persons  using  water  from  the  works  and  any 
other  source,  as  wells  and  cisterns,  to  be  charged  full  rates 
for  their  establishments,  except  when  the  amount  taken  from 
the  water- works  is  determined  by  meter;  and  no  owner  of 
any  house,  building  or  premises  where  water  is  introduced, 
shall  be  allowed  to  supply  or  permit  water  to  be  taken  by 
any  other  person. 

Fourteenth. — Persons  desirous  of  obtaining  water  for  build- 
ing purposes,  or  those  having  the  water  introduced  into  their 
premises,  desiring  the  use  of  the  same  for  that  purpose, 

must,  before  such  use,  apply  to  the  board  of  water  commis- 

sioners therefor,  and  at  the  same  time  agree  to  render  a 
true  account  of  all  brick,  stone,  plastering,  or  other  work 
for  which  the  water  is  used  in  building,  and  pay  the  rate 

or  charge  made  by  the  board  therefor ; and  in  no  case  shall 

the  person  or  persons  using  or  permitting  the  use  of  the 
water  for  building  purposes  be  relieved  from  the  responsi- 
bility to  said  board  for  the  use  thereof  ; and  the  use  of  the 
water  in  all  cases  without  such  permission  as  aforesaid  shall 
be  deemed  a fraudulent  use  thereof,  and  be  subject  to  the 
penalties  hereinafter  mentioned. 

Fifteenth. — The  following  abuses  are  absolutely  prohibited : 
1st.  Permitting  or  allowing  the  water  to  be  used  for  any 
other  purposes  than  those  authorized  by  the  permit.  2d. 


334 


GENERAL  ORDINANCES  OF 


Permitting  leaks.  3d.  Allowing  water  to  flow  unnecessarily 
while  washing  pavements,  or  for  similar  purposes.  4th. 
Sprinkling  gardens,  streets  or  sidewalks,  or  washing  carriages, 
omnibuses,  cars,  or  other  vehicles  with  hose,  without  a 
special  permit  obtained  and  paid  for  at  the  office  of  the 
board ; and  in  no  case  will  hose  be  allowed  for  the  above 
uses  with  flows  or  nozzles,  when  used  for  washing  carriages 
and  other  vehicles,  greater  than  one-eighth  of  an  inch,  and  for 
other  purposes  greater  than  one-quarter  of  an  inch  diameter 
of  circular  opening,  or  their  equivalent. 

Sixteenth. — Hose  for  garden  purposes  may  be  used  not 
exceeding  two  hours  in  the  morning,  and  two  hours  in  the 
evening ; and  if  allowed  to  run,  except  when  thus  used,  the 
water  will  be  shut  off  without  previous  notice.  The  practice 
of  affixing  sprinklers  with  the  water  turned  on  to  trees,  or 
otherwise  allowing  them  to  flow  without  limit  or  control,  at 
other  hours,  is  a violation  of  the  rules,  which  will  be  enforced 
in  all  cases  of  this  kind. 

Seventeenth. — A “wash-pavement”  will  allow  the  use  of  hose 
for  cleaning  windows,  floors,  and  washing  sidewalks  of  one 
premise  only,  and  while  washing  sidewalks  no  unnecessary 
flow  of  water  will  be  allowed.  This  service  should  be  per- 
formed at  such  hours  of  the  day  as  will  least  incommode 
business  and  travel.  Persons  owning  or  occupying  adjoining 
buildings,  and  desirous  of  using  water  from  the  same  “wash- 
pavement,”  must  first  obtain  permission  of  the  board  for 
such  use,  and  pay  therefor. 

Eighteenth. — Persons  desirous  of  sprinkling  the  street  in 
front  of  their  premises  with  hose  from  a “wash-pavement,” 
or  any  other  source,  must  first  obtain  a special  permit  from 
the  board,  and  pay  the  rate  charged  for  the  use  of  water 
for  such  purpose.  The  rate  for  that  purpose  will  be  twenty- 
five  cents  per  lineal  foot  of  the  premises,  and  extend  to  the 
middle  of  the  street  only. 

713.  If  any  person  shall  violate,  or  neglect  or  refuse  to 
conform  to  any  of  the  foregoing  rules  and  regulations,  the 
water  shall  be  turned  off  from  his  premises,  and  he  shall 
forfeit  his  water  rent,  and  shall  be  liable  to  a fine  of  not 
exceeding  twenty-five  dollars  in  each  case. 

714.  The  following  rules  and  regulations  are  hereby 
adopted,  regulating  plumbers  and  plumbing  work,  in  con- 
nection with  the  water-works : 

First. — Any  plumber  who  shall  have  been  duly  licensed  by 
said  board,  and  who  shall  have  given  bond  for  the  perform- 
ance of  plumbing  work  to  be  done  on  the  water-works,  may, 


THE  CITY  OF  SPKINGFIELD. 


335 


upon  the  application  of  any  person  desirous  of  obtaining 
water,  introduce  the  same  into  any  house  or  other  place,  by 
first  procuring  a permit  from  the  secretary  for  each  and 
every  opening  required. 

Second. — All  applications  for  permits  must  be  made  in 
writing,  upon  blank  forms  furnished  by  the  secretary,  and 
signed  by  the  applicant  and  plumber  doing  the  work. 

Third. — No  person,  except  the  tapper  employed  by  the 
superintendent,  shall,  under  any  circumstances,  tap  the  dis- 
tributing pipes,  or  insert  ferrules. 

Fourth. — All  plumbing  work  shall  be  done  in  the  manner 
required  by  the  superintendent,  and  shall  be  subject  to  his 
inspection  and  approval,  and  no  work  under  ground  shall  be 
covered  up  until  examined  by  him  or  his  assistants. 

Fifth. — A stop-cock  shall  be  placed  in  every  attachment  to 
the  water-works.  In  streets,  it  shall  be  under  the  sidewalks, 
within  one  foot  of  the  curbstone ; and  in  alleys,  it  shall  be 
within  one  foot  of  the  side  line  of  the  same.  Each  house 
shall  have  a separate  hydrant,  and  stop  and  waste,  the  lat- 
ter placed  four  feet  beneath  the  surface  of  the  ground;  and 
all  stop-cocks  located  on  the  sidewalk  or  alley,  under  the 
control  of  the  board,  shall  have  a strong  and  suitable  T 
head.  They  shall  be  inclosed  in  a case  of  iron,  coming  up 
even  wdth  the  surface  of  the  ground,  and  covered  with  a 
tight-fitting  iron  lid,  with  the  letter  “W”  cast  upon  it.  The 
pattern  of  all  the  appurtenances  shall  be  subject  to  the 
approval  of  the  board. 

Sixth. — The  street  must  be  opened  in  the  manner  which 
will  occasion  the  least  inconvenience  to  the  public,  and  ad- 
mit of  the  uninterrupted  passage  of  the  water  along  the 
gutter;  and  in  all  cases  where  the  sidewalk  or  street  shall 
be  opened  for  the  purpose  of  putting  down  any  service  pipe 
for  the  introduction  of  water,  the  plumber  shall  replace  and 
restore  such  sidewalk  or  street  to  as  good  a condition  as  he 
found  it,  and  take  care  that  in  filling  such  opening  the  earth 
shall  be  left  in  as  firm  and  solid  a condition,  and  as  level, 
as  when  opened.  No  excavation  in  any  public  place  shall 
be  left  open,  and  every  precaution  must  be  taken  to  insure 
the  public  safety. 

Seventh. — Stop-cocks,  and  other  appurtenances,  must  be 
sufficiently  strong  to  resist  the  pressure  of  the  water. 

Eighth. — Whenever  new  attachments  are  to  be  made,  in 
place  of  old  ones,  permits  must  be  obtained  in  the  usual 
manner,  and  the  superintendent  must  be  notified  to  draw 
the  old  tap  and  insert  the  new.  No  more  than  one  house 
shall  be  supplied  from  one  tap. 


336 


GENERAL  ORDINANCES  OF 


Ninth, — All  applications  for  making  attachments  larger  than 
three-quarters  of  an  inch,  must  have  the  approval  of  the  super- 
intendent before  the  secretary  shall  issue  a permit  therefor. 

Tenth. — The  boring  of  the  pipes  and  the  insertion  of  the 
taps  shall  be  done  under  the  direction  of  the  superintendent, 
who  shairbe  given  at  least  six  hours’  notice  by  the  plumber ; 
and  no  tap  shall  be  inserted  after  four  o’clock  P.  M.  of  any 
day. 

Eleventh. — No  plumber,  in  making  original  connections  with 
the  distributing  water-mains,  except  for  the  purpose  of  test- 
ing his  plumbing  work  at  the  time  of  doing  the  same,  shall 
let  on  the  water  to  such  connection,  without  permission  so 
to  do ; nor  shall  any  plumber,  as  aforesaid,  shut  off  the 
water,  when  a connection  has  been  made,  except  for  the 
purpose  of  making  an  extension,  change  or  alteration  in  any 
building,  or  on  any  premises,  at  the  time  of  making  the 
same ; the  letting  on  water  to,  and  the  turning  water  off 
from,  all  buildings  and  premises,  except  as  aforesaid,  being 
exclusively  under  the  control  of  the  board  of  water  commis- 
sioners ; and  no  such  change,  extension  or  alteration  shall  be 
made  without  notice  being  given  to,  and  permission  obtained 
from,  the  said  board. 

Tivelfth. — All  lead  pipes  used  to  convey  water  from  street 
mains  of  the  water-works  shall  be  of  the  following  strength 
and  thickness,  and  of  the  following  weight  per  lineal  foot  for 
the  several  sizes,  to-wit:  (All  to  be  “extra  strong.”) 


34  inch  bore  must  weigh 


1 

m 

134 

m 

2 

234 

3 

334 


2 pounds  and  7 ounces  per  foot. 


3 

0 

. 3 

10 

. 4 

12 

. 6 

0 

, 7 

2 

. 8 

4 

9 

8 

.16 

2 

.19 

11 

.21 

12 

Thirteenth. — No  person  shall  lay  any  water-service  pipe,  or 
introduce  into  any  building  or  any  grounds  any  water  pipes, 
or  do  any  plumbing  work  in  any  building  or  on  any  grounds, 
for  the  purpose  of  connecting  such  pipes  or  plumbing  work 
with  the  pipes  of  the  Springfield  water- works,  or  of  prepar- 
ing them  for  such  connections  with  the  view  of  having  such 
premises  supplied  with  water  by  the  said  water-works ; or 
shall  make  any  addition  to  or  alteration  of  any  water  pipe, 
bath,  water-closet,  stop-cock,  or  other  fixtures  or  apparatus 
for  the  supplying  of  any  premises  with  water,  without  being 
duly  licensed  to  perform  such  work  by  the  board  of  water 
commissioners  of  the  city  of  Springfield,  and  without  having 
first  obtained  a permit  for  the  doing  of  such  work  from  the 
said  board. 


THE  CITY  OF  SPRINGFIELD. 


387 


715.  Any  person  violating  or  failing  to  conform  to  any 
of  the  above  and  foregoing  rules  and  regulations  shall,  upon 
conviction  thereof,  be  fined  in  any  sum  not  exceeding  twenty- 
five  dollars  for  each  offense  ; and  if  such  person  be  a licensed 
plumber,  his  license  may  also  be  forfeited. 

716.  The  board  of  water  commissioners  of  the  city  of 
Springfield  are  hereby  authorized  and  empowered  to  issue 
to  any  plumber  applying  therefor,  a license  to  do  plumbing 
work  in  connection  with  the  water-works  of  said  city,  under 
such  rules  and  regulations  as  are  in  force,  or  which  may 
hereafter  be  adopted  by  said  board. 

717.  Before  any  license  shall  be  issued  as  aforesaid,  the 
applicant  shall  file  with  the  said  board,  his  bond  in  the  penal 
sum  of  twenty-five  hundred  dollars,  with  at  least  two  good 
sureties,  to  be  approved  by  the  board,  conditioned  to  indem- 
nify and  save  harmless  the  city  of  Springfield  and  the  said 
commissioners  of  and  from  all  accidents  and  damages  con- 
sequent therefrom,  for  or  by  reason  of  any  opening  in  any 
street,  avenue  or  alley  made  by  him,  or  by  those  in  his 
employment,  for  the  purpose  of  putting  down  any  service 
pipe  or  pipes  for  the  introduction  of  water,  or  for  any  pur- 
pose whatsoever,  or  by  any  unfaithful  or  inadequate  work 
done  by  virtue  of  his  license,  and  that  he  shall  also  replace 
and  restore  the  street  pavement  or  roadway  over  such  open- 
ing to  as  good  condition  as  he  found  it,  and  keep  and  main- 
tain the  same  in  good  order,  to  the  satisfaction  of  said 
commissioners,  for  the  period  of  three  months  next  there- 
after, and  shall  conform  in  all  respects  to  the  rules  and 
regulations  established  by  said  board  of  water  commis- 
sioners, and  pay  all  fines  that  may  be  imposed  for  any 
violation  thereof. 


—22 


338 


GENEKAL  ORDINANCES  OF 


/ 


CHAPTER  XXIX. 


MISCELLANEOUS  ORDINANCES. 


Abticle  I. 

II. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XIL 

XIII. 

XIV. 
XV. 

XVI. 

XVTI. 

XVIII. 

XIX. 

XX. 

XXI. 

XXII. 

XXIII. 

XXIV. 


Appropriations  and  Accounts. 

Additions. 

Amusements. 

Auctioneers. 

Awnings. 

Billiards  and  Ball  Alleys. 

Brokers  and  Moneychangers. 

Corporate  Seal. 

House  Numbering. 

Insurance  Companies  and  Agents. 

Idiots  and  Lunatics. 

Ordinaries. 

Pawnbrokers. 

Partition  and  Barbed  Wire  Fences. 

Peddlers. 

Porters  and  Runners. 

Scavengers. 

Second-hand  and  Junk  Dealers. 

Signs. 

Telegraphs,  Telephones,  Etc. 

•Trees. 

Town  Assessor. 

Wards  and  Ward  Boundaries. 

Penalty— Repeal— Proviso— When  Ordinance  in  force. 


Article  I. 

APPROPRIATIONS  AND  ACCOUNTS. 

Sec.  718.  The  city  council  of  the  city  of  Springfield 
shall,  as  soon  as  practicable  after  the  commencement  of 
each  fiscal  year,  and  within  the  first  quarter  thereof,  pass 
an  ordinance  to  be  termed  the  annual  appropriation  bill,  in 
which  they  shall  appropriate  such  sums  of  money  as  may 
be  deemed  necessary  to  defray  all  necessary  expenses  and 
liabilities  of  the  city  government  during  that  fiscal  year,  and 
in  such  ordinance  shall  specify  the  different  objects  and  pur- 
poses for  which  such  appropriations  are  made,  and  the 
amount  appropriated  for  each  object  or  purpose;  and  no 
further  appropriations  shall  be  made  at  any  time  during  such 
fiscal  year,  except  as  otherwise  expressly  provided  by  law. 


THE  CITY  OF  SPKINGFIELD. 


339 


719.  When  any  appropriation  for  any  specific  object  or 
fund  shall  have  been  exhausted,  the  city  comptroller  shall, 
without  delay,  notify  the  city  council  thereof,  and  thereafter 
no  warrant  shall  be  drawn  against  the  same  until  the  further 
orders  of  the  city  council;  and  no  additional  appropriation 
to  any  such  fund  shall  be  made  by  the  city  council  during 
the  fiscal  year,  and  no  expenditure  for  any  improvement  to 
be  paid  for  out  of  the  general  fund  of  the  corporation  shall 
exceed,  in  any  one  year,  the  amount  provided  for  such  im- 
provement in  the  annual  appropriation  bill,  except  as  other- 
wise specially  provided  by  law. 

720.  No  account  or  claim  against  the  city  of  Springfield, 
except  for  the  salaries  of  city  officers  or  regular  employes, 
or  for  the  payment  of  a special  contract  made  by  order  of 
the  city  council,  or  by  some  officer  of  the  city  authorized 
by  the  city  council  or  by  ordinance  to  make  the  same,  or 
for  the  payment  of  the  fee  bills  of  officers  of  courts  of  rec- 
ord, shall  be  audited  or  allowed,  or  any  warrant  issued  for 
the  payment  thereof,  unless  the  person  presenting  the  same, 
or  some  other  credible  person  for  him,  shall  make  oath  be- 
fore the  mayor  or  city  clerk,  upon  the  presentation  or  filing 
of  such  account,  that  the  same  is  just,  correct  and  reason- 
able. 

721.  And  no  claim  or  account  against  said  city,  upon 
any  contract  made  or  debt  incurred  by  any  city  officer  by 
authority  of  the  city  council,  or  of  any  ordinance,  shall  be 
audited  or  allowed,  or  any  warrant  issued  for  the  payment 
thereof,  unless  accompanied  with  the  certificate  of  the  officer 
by  whom  or  under  whose  authority  the  same  was  contracted 
or  incurred,  stating  that  he  has  examined  such  claim  or 
account,  and  believes  that  it  is  just,  correct  and  reasonable, 
and  in  accordance  with  the  contract. 


Article  II. 


ADDITIONS. 

722.  Any  addition  which  may  be  made  to  the  city  of 
{Springfield,  or  any  lands  within  the  same  which  may  be 
subscribed  and  laid  out  into  lots  or  blocks,  shall  be  so  laid 
out,  surveyed  and  platted,  as  that  the  blocks  or  other  sub- 
divisions thereof  shall  conform  to  the  regular  blocks  of  the 
addition  or  additions  adjoining  such  proposed  addition  or 
sub-division,  and  the  streets  and  alleys  shall  correspond  with, 
and  conform  to,  the  previously  established  streets  and  alleys 
with  which  they  may  connect,  and  shall  continue  the  same. 


340 


GENERAL  ORDINANCES  OF 


723.  Any  owner  or  agent  of  real  estate,  who  may  wish 
to  lay  out  any  addition  or  suh-division  of  lands,  within  said 
city,  shall  submit  his  map  or  plat  of  such  proposed  addition 
or  sub-division  to  the  city  council,  and  obtain  their  approval 
of  the  same,  which  approval  shall  be  certified  thereon  by  the 
city  clerk,  before  selling  or  offering  for  sale  any  lot  or  block 
in  such  proposed  addition  or  sub-division,  under  a penalty 
of  one  hundred  dollars,  and  a further  penalty  of  fifty  dollars 
for  each  lot,  or  part  thereof,  so  sold  by  him,  contrary  to  the 
provisions  of  this  section. 


Article  III. 

AMUSEMENTS. 

724.  No  person,  company  or  troupe  shall  exhibit  any 
menagerie  or  circus,  or  give  any  theatrical  or  other  exhibi- 
tion, show  or  amusement,  for  gain  or  profit,  within  the 
limits  of  the  city  of  Springfield,  without  having  first  obtained 
a license  in  due  form  from  the  city  for  such  purpose,  under 
a penalty  of  not  less  than  five  dollars  nor  more  one  hun- 
dred dollars  for  each  offense : Provided,  however,  that  no  li- 
cense shall  be  required  for  any  concert,  lecture,  dramatic 
reading,  tableaux,  fair,  or  other  such  amusement  or  enter- 
tainment, given  by  societies  or  citizens  of  said  city,  or  other 
persons,  exclusively  for  charitable  or  benevolent  purposes. 

725.  No  person  shall  be  allowed  to  give  any  concert  or 
other  like  entertainment,  for  gain,  in  any  licensed  saloon  or 
dram-shop,  or  in  any  place  the  entrance  to  which  is  through 
any  saloon  or  dram-shop,  within  said  city,  without  a special 
permit  from  the  mayor  therefor,  under  a penalty  of  not 
less  than  five  dollars  nor  more  than  fifty  dollars  in  each 
case. 

726.  It  shall  be  the  duty  of  every  proprietor  or  lessee  of 
any  theatre  or  public  hall,  and  of  every  person  giving  or 
conducting  any  show  or  amusement,  within  the  city,  to  pre- 
serve good  order  in  and  about  his  premises  or  place  of  ex- 
hibition or  amusement,  and,  if  necessary  for  that  purpose, 
he  shall  employ,  at  his  own  expense,  a sufficient  number  of 
special  policemen. 

727.  No  person  shall  exhibit  any  lung-tester,  lifting  appa- 
ratus, doll-rack,  galvanic  battery,  or  other  instrument  or 
device,  for  gain  or  profit,  within  said  city,  without  having 
first  procured  a license  therefor,  un.der  a penalty  of  not 
exceeding  five  dollars  for  each  offense.  The  license  fee 
under  this  section  shall  be  three  dollars  for  one  week  or 
less,  and  five  dollars  for  two  weeks. 


THE  CITY  OF  SPRINGFIELD. 


341 


Article  IV. 

AUCTIONEERS. 

728.  No  person  shall  pursue  the  occupation  of  an  auc- 
tioneer, or  shall  sell  or  cry  for  sale  real  or  personal  prop- 
erty at  public  auction,  within  the  city  of  Springfield,  without 
a license  from  the  city  therefor,  under  a penalty  of  not  less 
than  five  dollars  nor  exceeding  one  hundred  dollars  for  each 
offense:  Provided,  that  this  section  shall  not  apply  to  sales 
made  by  any  officer  under  and  by  virtue  of  legal  process, 
nor  to  sales  made  under  a mortgage  or  deed  of  trust. 

729.  Any  person  may  become  licensed  as  an  auctioneer 
upon  making  written  application  to  the  mayor  and  paying 
into  the  city  treasury  the  sum  of  one  hundred  dollars,  and 
upon  executing  a bond  to  the  corporation  in  the  penal  sum 
of  two  thousand  dollars,  with  at  least  two  sureties,  to  be 
approved  by  the  mayor,  conditioned  for  the  due  observance 
of  all  ordinances  of  said  city  now  in  force,  or  which  may  be 
passed  and  in  force  during  the  period  of  such  license  regu- 
lating or  relating  to  his  said  occupation,  and  also  for  the 
prompt  payment  of  all  moneys  and  the  delivery  of  all  goods 
which  may  come  into  his  hands  as  such  auctioneer. 

730.  No  auctioneer  shall,  by  himself,  his  co-partner  or 
clerk,  sell  or  offer  for  sale,  at  public  auction,  any  goods, 
merchandise  or  other  personal  property  in  any  other  build- 
ing or  place,  within  said  city,  than  that  in  which  he  is 
authorized  to  sell  by  his  said  license,  without  a special  per- 
mit from  the  mayor  (which  may  be  granted  at  any  time 
upon  application  therefor),  under  a penalty  of  five  dollars 
for  each  offense. 

731.  Any  auctioneer  or  other  person,  who  shall  sell  or 
attempt  to  sell,  or  shall  cry  for  sale,  at  public  auction,  any 
goods,  wares  or  merchandise,  or  other  property,  in  or  upon 
any  street,  avenue  or  sidewalk  of  said  city,  so  as  to  collect 
a crowd  of  people  thereon,  whereby  the  travel  or  passage  of 
such  street  or  sidewalk,  by  any  person  or  persons,  is  hindered 
or  prevented,  shall  be  deemed  guilty  of  obstructing  the  streets 
or  sidewalks,  and  shall  be  subject  to  a fine  of  not  less  than 
three  dollars  nor  more  than  twenty-five  dollars  for  every  such 
offense. 

732.  Any  auctioneer,  licensed  as  aforesaid,  who  shall,  by 
himself  or  clerk,  offer  for  sale  at  auction,  any  article  of 
property,  and  induce  its  purchase  by  any  bidder,  and  after- 
ward substitute  another  and  inferior  article  in  lieu  of  that 
offered  to  and  purchased  by  the  bidder ; or  who  shall  know- 


342 


GENERAL  ORDINANCES  OP 


ingly  make  any  false  representation  or  statement  of  the 
ownership  or  quality  of  any  article  offered  by  him  for  sale 
at  auction,  with  the  intent  to  induce  any  person  to  purchase 
the  same,  shall  be  liable  to  a fine  of  not  less  than  ten  dol- 
lars nor  more  than  one  hundred  dollars  for  each  offense, 
and  a conviction  under  this  section  shall  be  deemed  cause 
for  the  revocation  of  his  license. 


Article  V. 

AWNINGS. 

733.  All  awnings  hereafter  erected,  and  extending  over 
any  sidewalk  within  that  portion  of  the  city  of  Springfield 
established  as  the  “4’ire  Limits,”  shall  be  elevated  at  least 
eight  feet  at  the  lowest  part  thereof  above  the  level  of  the 
sidewalk,  and  shall  not  project  over  the  sidewalk  to  exceed 
two-thirds  the  width  thereof.  The  roof  or  covering  of  all 
such  awnings  shall  be  of  duck,  canvass,  or  other  suitable 
cloth,  and  they  shall  be  supported  without  posts  by  iron 
brackets,  or  by  an  iron  or  other  metallic  framework,  attached 
firmly  to  the.  building,  so  as  to  leave  the  sidewalk  wholly 
unobstructed  thereby.  Any  person  who  shall  erect  or  main- 
tain, or  cause  to  be  erected  or  maintained,  any  awning  con- 
trary to  the  provisions  of  this  section,  shall  be  subject  to  a 
fine  of  not  less  than  five  dollars  nor  more  than  twenty-five 
dollars  for  each  offense,  and  to  a further  fine  of  three  dollars 
for  every  day  he  shall  fail  to  change  or  remove  such  unlaw- 
ful awning,  after  written  notice  to  do  so  by  the  superin- 
tendent of  police,  or  any  member  of  the  police  force  of  said 
city. 

734.  No  awning  heretofore  erected  within  said  “Fire 
Limits,”  and  constructed  in  whole  or  in  part  of  wood,  shall, 
after  the  taking  effect  of  this  ordinance,  be  improved,  enlarged 
or  repaired,  except  that  the  pillars  or  posts  sustaining  the 
same  shall  be  removed  to  the  curb  line  of  the  sidewalk, 
when  not  already  at  such  line ; and  whenever  any  such 
awning  shall  become  decayed  or  insecure,  or  dangerous  to 
the  safety  of  persons  passing  thereunder,  the  same  shall  be 
deemed,  and  is  hereby  declared  to  be,  a nuisance,  and  the 
owner  or  occupant  of  the  premises  in  front,  of  which  such 
nuisance  is  located,  shall  abate  or  remove  the  same  without 
delay;  and  in  case  of  his  neglect  or  refusal  to  do  so,  the 
city  council  may  order  the  superintendent  of  police  to  take 
down  and  remove  such  awning,  after  first  giving  three  days’ 
notice  in  writing  to  the  owner  or  occupant  of  the  premises, 


THE  CITY  OF  SPBINGFIELD. 


343 


and  the  cost  of  such  removal  may  be  recovered  of  such 
owner  or  occupant  in  an  action  of  debt,  in  the  name  of  the 
city.  Any  property  owner  or  other  person  violating  or  fail- 
ing to  comply  with  any  of  the  provisions  or  requirements  of 
this  section,  shall,  upon  conviction,  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense,  and 
shall  be  subject  to  a further  fine  of  five  dollars  for  every 
day,  after  the  first  conviction,  that  he  shall  continue  in  such 
violation  or  failure  to  comply. 

735.  Awnings  of  wood  may  be  erected  over  sidewalks 
without  the  fire  limits,  in  said  city;  but  such  awnings  shall 
be  supported  by  stout  oak  or  pine  posts,  or  by  wrought  or 
cast  iron  pillars  not  less  than  two  inches  in  diameter,  which 
shall  be  firmly  set  upon  the  extreme  outer  edge  of  the  side- 
walk, not  more  than  seven  feet  apart,  and  shall  be  of  suffi- 
cient length  to  elevate  the  awning  in  the  lowest  part  thereof 
at  least  ten  feet  above  the  sidewalk ; and  the  whole  shall  be 
securely  attached  to  the  house  or  building  before  which  it 
may  stand,  and  be  at  all  times  kept  in  good  repair.  Any 
wooden  awning  already  erected  without  the  fire  limits,  in  a 
manner  different  from  that  herein  prescribed,  shall  not  be 
repaired,  under  a penalty  to  the  offender  of  not  less  than 
five  dollars  nor  more  than  twenty-five  dollars  for  each  offense : 
Provided,  that  such  awning  may  be  changed  so  as  to  con- 
form to  the  requirements  hereof. 

736.  Whoever  shall  erect 'or  construct,  or  cause  to  be 
erected  or  constructed,  any  wooden  awning  without  said  fire 
limits,  contrary  to  the  requirements  of  the  last  section  hereof, 
or  shall  permit  any  awning  in  front  of  any  building  or 
premises  owned  or  occupied  by  him  to  become  decayed  and 
insecure,  or  dangerous  to  the  safety  of  persons  passing  under 
the  same,  shall  be  subject  to  a penalty  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  each  offense,  and  to 
a further  penalty  of  five  dollars  for  every  day,  after  the  first 
conviciion,  that  he  shall  continue  in  violation  of  any  pro- 
vision or  requirement  of  this  section.  And  the  city  council 
may  order  and  direct  the  superintendent  of  police  to  remove 
such  decayed  or  dangerous  awning,  upon  his  first  giving 
three  days’  notice,  in  writing,  to  the  owner  or  occupant  of 
the  premises. 


344 


GENERAL  ORDINANCES  OF 


Article  VI. 

BILLIARDS  AND  BALL  ALLEYS. 

737.  No  person  shall,  within  the  limits  of  the  city  of 
Springfield,  open  or  keep  any  ball  or  pin  alley,  nor  shall 
keep  or  maintain  any  billiard,  bagatelle,  pool,  pin-pool, 
pigeon-hole,  or  other  like  table,  to  be  played  upon  by  others 
for  gain  or  amusement,  without  having  procured  a license 
for  each  of  said  purposes,  as  provided  by  ordinance,  under  a 
penalty  of  not  less  than  five  dollars  nor  more  than  fifty  dol- 
lars in  each  case. 

738.  No  proprietor  or  keeper  of  any  billiard  hall  or  room, 
or  of  any  ball  or  pin  alley,  not  being  duly  licensed  for  such 
purpose  by  the  city,  shall  keep,  sell  or  give  away,  or  permit 
to  be  sold  or  given  away,  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquors,  to  be  used  or  drank  in  or  about 
his  place  of  business,  under  a penalty  of  not  less  than  ten 
dollars  nor  more  than  two  hundred  dollars. 

739.  No  licensed  owner  or  keeper  of  any  billiard,  baga- 
telle, pool,  pin-pool,  pigeon-hole,  or  other  such  public  table, 
within  said  city,  shall  knowingly  suffer  or  permit  any  minor 
to  play  upon  the  same,  under  a penalty  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense. 


Article  VII. 

BROKERS  AND  MONEY  CHANGERS. 

740.  Any  person  engaged  in  buying,  selling,  discounting 
or  shaving  bills  of  exchange,  checks,  drafts,  promissory  notes, 
bonds  or  other  writings  obligatory,  for  purposes  of  gain,  is 
hereby  defined  to  be  a broker;  and  any  person  engaged  in 
buying,  selling  or  exchanging  gold  or  silver  coin  or  bank 
notes  for  gain  or  profit,  shall  be  deemed  a money  changer 
within  the  meaning  of  this  article. 

741.  No  person  shall  engage  in  or  carry  on  the  business 
of  a broker  or  money  changer  within  the  city  of  Springfield,, 
without  being  duly  licensed  therefor,  under  a penalty  of  not 
less  than  five  dollars  nor  exceeding  one  hundred  dollars,  and 
a further  penalty  of  five  dollars  for  each  day,  after  the  first 
conviction,  that  such  person  shall  continue  such  business 
without  a license : ‘ Provided,  that  only  one  license  shall  be 
required  under  the  provisions  of  this  section. 


THE  CITY  OF  SPRINGFIELD. 


345 


742.  No  person  shall  engage  in  ol’  pursue  the  business 
of  a real  estate  broker,  or  of  buying,  selling  or  leasing  real 
estate  for  gain  or  profit,  within  said  city,  without  having 
obtained  a license  for  such  purpose,  under  a penalty  of  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars  for 
each  offense. 


Article  VIII. 

CORPORATE  SEAL. 

743.  The  corporate  seal  of  the  city  of  Springfield  shall 
be  the  same  as  that  heretofore  provided  and  now  used  by 
the  city.  It  shall  be  circular  in  form,  two  and  one-half 
inches  in  diameter,  with  a device  of  the  State  capitol  sur- 
rounded by  a scroll,  with  the  words,  ‘‘Corporate  Seal  of  the 
City  of  Springfield,  Illinois,  1840,''  in  Koman  capitals,  engraved 
upon  the  face  thereof. 

744.  The  city  clerk  shall  be  the  custodian  of  the  cor- 
porate seal.  He  shall  affix  the  corporate  seal  to  all  commis- 
sions or  other  official  documents  required  to  be  issued  by 
him,  and  attest  or  countersign  the  same.  He  shall  affix 
the  seal  to  all  official  acts  of  the  mayor  requiring  it, 
and  if  necessary  attest  the  same.  He  shall  also  certify, 
under  the  corporate  seal,  copies  of  any  records,  ordinances, 
documents  or  papers  in. his  office,  when  required  by  any  city 
officer  or  other  person.  But  in  no  case  shall  the  impression 
of-  the  corporate  seal  be  binding  upon  the  city,  unless  it  be 
authorized  by  the  laws  or  ordinances  thereof,  and  is  attested 
by  the  official  signature  of  the  city  clerk. 


Article  IX. 


HOUSE  numbering. 

745.  The  numbering  of  all  houses  fronting  upon  the 
public  streets,  avenues  and  thoroughfares,  within-  the  city  of 
Springfield,  shall  be  in  conformity  with  the  decimal  system, 
and  the  rules  following : 

First. — Washington  street  shall  be  the  base  or  dividing  line 
for  numbering  houses  on  all  streets  or  avenues  running  north 
and  south,  and  first  street  shall  be  the  base  or  dividing  line 
for  all  streets  or  avenues  running  east  and  west. 


346 


GENERAL  ORDINANCES  OF 


Second. — All  that  portion  of  north'  and  south  streets,  cross- 
ing and  being  north  of  Washington  street,  shall  be  desig- 
nated by  the  prefix  north,  and  that  portion  of  all  streets 
crossing  or  being  south  of  Washington  street  shall  be  desig- 
nated by  the  prefix  south.  All  streets  or  avenues  running 
east  and  west  and  crossing  First  street,  for  all  that  portion 
of  the  same  lying  east  of  First  street,  shall  retain  their 
present  designation,  but  that  portion  of  said  streets  lying 
west  of  First  street  shall  receive,  in  connection  with  their 
present  designation,  the  prefix  west. 

Third. — The  first  number  upon  each  side  of  Washington 
street  shall  be  one  hundred  (100),  and  progress  north  and 
south  therefrom  at  the  rate  of  one  hundred  numbers  to  each 
block.  The  first  number  upon  each  side  of  First  street  shall 
be  one  hundred  (100),  and  progress  therefrom  at  the  rate  of 
one  hundred  numbers  to  each  block. 

Fourth. — The  odd  numbers  shall  be  used  upon  the  north 
side  of' streets  running  east  and  west,  and  upon  the  west 
side  of  streets  running  north  and  south.  The  even  numbers 
shall  be  used  upon  the  south  side  of  streets  running  east 
and  west,  and  upon  the  east  side  of  streets  running  north 
and  south.  All  irregular  or  unusual  sized  blocks,  and  all 
irregular  streets,  shall  be  numbered  as  may  be  specified  and 
directed  by  the  city  engineer,  adhering  as  nearly  as  possible 
to  the  foregoing  plan. 

746.  It  shall  be  the  duty  of  the  city  engineer,  in  pur- 
suance of  the  foregoing  section,  to  establish  and  assign  all 
house  numbers  on  the  streets,  avenues  and  thoroughfares  of 
the  city,  allowing  as  far  as  practicable  one  number  for  each 
twenty  (20)  feet  of  ground,  and  he  shall  prepare  the  neces- 
sary maps  and  records  of  the  numbers  assigned  by  him, 
and  said  maps  and  records  shall  be  evidence  of  the  num- 
bers so  assigned ; and  he  shall,  on  demand,  furnish  each 
owner  or  occupant  of  a house,  or  such  person  as  may  be 
employed  by  the  city  in  numbering  the  houses  or  buildings, 
with  the  necessary  information  as  to  the  number  belonging 
to  each  house,  the  size  and  quality  of  the  number,  and  the 
placing  of  the  same  upon  the  house ; and  all  numbering 
shall  be  strictly  in  conformity  with  the  directions  and  regu- 
lations of  said  city  engineer. 

747.  All  owners  or  occupants  of  houses  now  erected,  or 
which  may  hereafter  be  erected,  within  said  city,  are  hereby 
required  to  number  their  houses  in  conformity  with  the  pro- 
visions of  this  article,  and  the  regulations  of  the  city  engi- 
neer in  pursuance  thereof.  And  any  owner  or  occupant  of 
any  house  how  erected,  or  hereafter  to  be  erected,  who  shall 
fail  to  number  said  house,  as  aforesaid,  within  thirty  days 
after  the  taking  effect  of  this  ordinance,  or  within  thirty 


THE  CITY  OF  SPRINGFIELD. 


347 


clays  after  the  same  shall  be  built,  or  who  shall  number 
any  house  otherwise  than  in  conformity  with  the  provisions 
hereof  and  the  regulations  of  the  city  engineer,  shall  incur 
a penalty  of  not  exceeding  five  dollars  for  each  and  every 
such  offense. 


Article  X. 

' INSURANCE  COMPANIES  AND  AGENTS. 

748.  All  corporations,  companies  or  associations,  not  in- 
corporated under  the  laws  of  this  State,  engaged  in  effecting 
fire  insurance  in  the  city  of  Springfield,  shall  pay  into  the 
city  treasury  the  sum  of  two  dollars  upon  the  one  hundred 
dollars,  and  at  that  rate  upon  the  amount  of  all  premiums, 
which,  during  the  half  year  ending  on  every  first  day  of 
January  and  July,  shall  have  been  received,  or  shall  have 
been  agreed  to  be  paid,  for  any  insurance  effected,  or  agreed 
to  be  effected,  within  said  city,  by  or  with  any  such  cor- 
poration, company  or  association ; which  rates,  when  col- 
lected, shall  be  set  apart  for  the  support  and  maintenance 
of  the  fire  department  of  said  city. 

749.  ‘ Every  person  who  shall  act  as  the  agent  or  repre- 
sentative of  any  such  corporation,  company  or  association, 
shall,  on  or  before  the  15th  day  of  July,  A.  D.  1883,  and 
on  or  before  the  15th  day  of  January  and  July  in  each  year 
thereafter,  render  to  the  city  comptroller  a full,  true  and 
just  account,  verified  by  his  oath,  of  all  premiums  which, 
during  the  half  year  ending  on  every  first  day  of  January 
and  July  preceding  such  report,  shall  have  been  received  by 
him,  or  any  other  person  for  him,  or  shall  have  been  agreed 
to  be  paid  for  or  in  behalf  of  any  such  corporation,  com- 
pany or  association.  At  the  time  of  rendering  such  account, 
such  agent  shall  pay  to  the  city  treasurer  the  amount  of 
rates  for  which  the  corporation,  company  or  association, 
represented  by  him,  may  be  chargeable  by  virtue  hereof, 
and  upon  presenting  his  receipt  for  the  same  to  the  city 
clerk,  the  latter  shall  issue  a license  to  such  insurance  com- 
pany or  association, , in  the  manner  provided  by  ordinance, 
setting  forth  the  time  for  which  it  is  granted,  and  the 
amount  paid  therefor. 

750.  If  any  such  person  or  agent  shall  fail  to  render 
such  account  on  or  before  the  day  or  time  hereinbefore 
designated  for  that  purpose,  or  if  the  said  rates  shall  remain 
unpaid  after  that  date,  then  such  person  or  agent  shall  be 
subject  to  a penalty  of  not  exceeding  two  hundred  dollars 
for  every  such  failure  to  account  and  pay,  which  penalty 


348 


GENERAL  ORDINANCES  OF 


may  be  enforced  in  like  manner  as  is  provided  in  other 
cases  for  the  violation  of  the  ordinances  of  the  city;  and 
such  due  and  unpaid  rates  may  be  further  recovered  of  any 
such  corporation,  company  or  association,  or  its  agent,  by 
suit  in  the  name  and  for  the  use  of  said  city,  as  for  money 
had  and  received  for  its  use,  in  any  court  of  competent 
jurisdiction. 


Article  XL 

IDIOTS  AND  LUNATICS. 

751.  If  any  idiot  or  lunatic  shall  be  found  in  the  city  of 
Springfield,  unprotected  by  guardian,  relative  or  friend,  the 
mayor  shall  provide  temporarily  for  his  or  her  care  and 
support,  at  the  expense  of  the  corporation ; but  if  such  per- 
son shall  not  belong  to  the  city  or  be  chargeable  thereto, 
the  mayor  shall  immediately  notify  the  proper  person  or 
officer  of  the  county  chargeable  therewith,  that  such  idiot  or 
lunatic  is  unprovided  for,  and  to  take  charge  of  and  provide 
for  the  same. 

752.  When  any  lunatic,  found  at  large  or  unprotected  as 
aforesaid,  shall  be  so  insane  or  disordered  in  mind  as  to 
endanger  the  persons  or  property  of  others,  or  his  own  per- 
son or  property,  it  shall  be  the  duty  of  the  superintendent 
of  police,  or  any  police  officer,  to  forthwith  take  and  confine 
such  lunatic  in  the  city  prison,  or  other  suitable  place,  until 
proper  provision  can  be  made  for  him  according  to  law,  and 
such  officer  shall  also  promptly  notify  the  proper  .county 
officer,  court  or  person  thereof ; and  all  necessary  expenses 
incurred  thereby  shall  be  collected  of  the  person  or  persons 
legally  liable  therefor. 


Article  XII. 

ORDINARIES. 

753.  Any  restaurant,  eating  house,  or  other  such  place, 
where  any  kind  of  food  is  furnished  or  sold  for  human  use, 
to  be  eaten  at  the  place  of  sale,  is  hereby  declared  to  be  an 
ordinary,  within  the  meaning  of  this  article. 

754.  No  person  shall  open,  keep  or  conduct  an  ordinary 
within  the  city  of  Springfield,  without  having  first  obtained  a 
license  therefor,  in  due  form,  under  a penalty  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars  for 
each  offense. 


THE  CITY  OF  SPRINGFIELD. 


349 


755.  No  ordinary  wherein  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquors  arfe  sold  or  kept  for  sale,  and 
no  ordinary  which  may  belong  to,  or  be  in  any  way  con- 
nected with,  any  dram-shop  or  drinking  saloon  within  said 
city,  shall  be  kept  open  between  the  hours  of  twelve  o’clock 
at  midnight  and  five  o’clock  A.  M.,  under  a penalty  to  the 
offender  of  five  dollars  in  each  case;  nor  shall  any  such 
ordinary  be  kept  open  on  Sunday,  under  a penalty  to  the 
proprietor  or  keeper  thereof  of  twenty-five  dollars  for  every 
such  offense. 


Article  XIII. 


PAWNBROKERS. 

756.  Whoever  loans  money  on  deposit  or  pledge  of  per- 
sonal property,  or  other  valuable  thing,  or  whoever  deals  in 
the  purchase  of  personal  property  on  condition  of  selling  the 
same  back  again  at  a stipulated  price,  is  hereby  declared  to 
be  a pawnbroker,  within  the  meaning  of  this  article. 

757.  No  person  shall  engage  in  or  pursue  the  business 
.of  a pawnbroker  or  keeper  of  a loan  office,  within  the  city 

of  Springfield,  without  having  obtained  a license  therefor, 
under  a penalty  of  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars,  and  a like  additional  penalty  for  each 
day,  after  the  first  conviction,  that  he  may  carry  on  such 
business  without  being  licensed. 

758.  Any  person  applying  for  a license  as  a pawnbroker 
or  keeper  of  a loan  office  shall,  before  receiving  the  same, 
pay  into  the  city  treasury  a license  fee  of  fifty  dollars  for 
that  purpose,  and  shall  give  a bond  to  the  city  of  Spring- 
field  in  the  penal  sum*of  one  thousand  dollars,  with  at  least 
two  good  and  sufficient  sureties,  to  be  approved  by  the 
mayor,  conditioned  for  the  strict  observance  of  all  ordi- 
nances of  the  city  council  regulating  or  relating  to  pawn- 
brokers, which  are  or  may  be  in  force  during  the  period  of 
such  license. 

759.  Every  pawnbroker  or  keeper  of  a loan  office, 
licensed  as  aforesaid,  shall  keep  a suitable  book,  in  which 
shall  be  written  in  ink,  at  the  time  of  making  each  loan,  an 
accurate  description  of  the  goods,  article  or  thing  pawned  or 
pledged,  the  amount  of  money  loaned  thereon,  the  time  for 
which  the  same  is  pledged,  the  rate  of  interest  to  be  paid 
on  such  loan,  and  the  name  and  residence  of  the  person 
pawning  or  pledging  the  goods,  article  or  thing. 


350  GENERAL  ORDINANCES  OF 

. i 

760.  Every  pawnbroker  or  keeper  of  a loan  office  shall 
also,  at  the  time  of  making  each  loan,  deliver  to  the  person 
pawning  or  pledging  any  goods,  article  or  thing  of  value,  a 
memorandum  or  note,  signed  by  him,  containing  the  sub- 
stance of  the  entry  required  to  .be  made  in  his  book  afore- 
said; and  said  book,  as  well  as  every  article  or  thing 
pawned  or  pledged,  shall,  at  all  reasonable  times,  be  open 
to  the  inspection  of  the  mayor,  the  chairman  of  the  police 
committee,  or  the  superintendent  of  police. 

761.  Any  pawnbroker,  loan-broker  or  keeper  of  a loan 
office  in  said  city,  who  shall  violate  or  neglect  or  refuse  to 
comply  with  any  of  the  provisions  of  the  last  two  preceding 
sections  of  this  article,  shall,  on  conviction  thereof,  be  fined 
not  less  than  ten  dollars  nor  more  than  fifty  dollars  for 
each  offense. 

762.  No  pawnbroker  or  keeper  of  a loan  office,  whether 
licensed  or  unlicensed,  shall  take  or  receive  in  pawn  or  pledge, 
for  money  loaned,  any  property,  article  or  thing  of  value 
from  any  intoxicated  person,  nor  from  any  person  known  to 
him  to  be  a thief,  or  to  have  been  convicted  of  burglary  or 
larceny,  nor  from  any  minor,  under  a penalty  of  not  less 
than  five  dollars  nor  more  than  fifty  dollars  in  each  case. 

763.  It  shall  be  the  duty  of  the  superintendent  of  police 
to  report  to  the  mayor  any  failure  on  the  part  of  any  per- 
son, licensed  as  aforesaid,  to  comply  with  any  of  the 
provisions  of  this  article,  and  the  mayor  may  revoke  the 
license  of  such  person  on  satisfactory  cause  appearing  to  him 
for  so  doing. 


Article  XIV. 

PARTITION  AND  BARBED  WIRE  FENCES, 

764.  No  person  shall  hereafter,  within  the  city  of  Spring- 
field,  erect,  construct,  or  maintain  any  wood  or  other 
partition  fence,  or  any  section  or  portion  thereof,  which  shall 
exceed  five  feet  in  height,  above  the  surface  of  the  ground, 
for  the  first  thirty  feet  back  from  the  front  line  of  the  lot  or 
lots,  nor  exceeding  eight  feet  in  height  for  the  remainder  of 
the  distance  to  the  rear  end  of  the  lot,  except  where  such 
partition  fence  shall  form  a necessary  part  of  some  out- 
building on  the  premises,  under  a penalty  of  not  less  than 
three  dollars  nor  more  than  twenty-five  dollars  for  each 
offense,  and  a further  penalty  of  two  dollars  for  every  day 
that  such  person  shall  permit  such  unlawful  fence  to  remain, 
after  notice  given  to  lower  or  remove  the  same  by  the  street 
superintendent  or  any  police  officer. 


THE  CITY  OF  SPRINGFIELD. 


35  i 

765.  No  fence,  railing  or  guard  of  any  kind,  within  the 
corporate  limits,  shall  have  placed  or  kept  thereon  any 
barbed  wire,  iron  spikes,  or  other  sharp  pointed,  metallic 
instruments,  under  a penalty  to  the  person  offending  of  not 
less  than  five  dollars  nor  more  than  twenty-five  dollars  for 
each  offense,  and  a further  penalty  of  two  dollars  for  every 
day  that  such  person  shall  fail  to  remove  such  barbed  wire, 
iron  spikes,  or  other  sharp  pointed  instruments,  after  notice 
to  do  so  by  the  street  superintendent  or  any  police  officer. 

766.  No  fence  consisting  or  made,  either  in  whole  or  in 
part,  of  any  kind  of  barbed  wire,  shall  be  built,  maintained 
or  kept,  upon  or  along  the  line  of  any  street,  avenue,  alley, 
or  public  walk,  or  in  any  public  ground,  within  said  city ; 
and  every  such  fence  is  hereby  declared  a nuisance.  Any 
property  owner  or  other  person  who  shall  build,  or  cause  to 
be  built,  or  shall  maintain  any  such  barbed  wire  fence,  shall 
be  subject  to  a penalty  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars,  and  to  a further  penalty  of  five  dollars 
for  every  day  that  he  shall  permit  such  fence  to  stand  or 
remain,  after  notice  given  to  take  down  or  remove  the  same 
by  the  superintendent  of  streets,  or  any  member  of  the  police 
force. 


Article  XV. 


PEDDLERS. 

767.  No  person  shall  sell  or  attempt  to  sell  any  goods, 
wares  or  merchandise,  or  any  article  or  thing  of  value,  by 
peddling,  hawking  or  public  outcry,  or  at  any  temporary  or 
uninclosed  stand  or  place  of  business,  within  the  city  of 
Springfield,  without  having  first  obtained  a license  therefor, 
under  a penalty  of  not  less  than  three  dollars  nor  more  than 
fifty  dollars  for  each  offense : Provided,  that  this  section 
shall  not  be  held  to  apply  to  farmers  or  gardeners  bringing 
into  the  city  and  selling  the  produce  of  their  farms  or  gar- 
dens, nor  to  the  ped,dling  of  fruit  from  a basket,  nor  to  the 
peddling  of  newspapers. 

768.  Every  person  canvassing  or  taking  orders  for  books, 
publications,  pictures,  maps,  or  other  articles,  shall  be  deemed 
within  the  scope  of  this  article,  and  be  required  to  take  out 
a peddler’s  license ; but  no  license  shall  be  required  for  the 
delivery  of  any  article,  where  the  order  or  subscription  there- 
for was  taken  under  a license : Provided,  that  regular  com- 


352 


GENERAL  ORDINANCES  OF 


mercial  travelers  employed  by  wholesale  houses,  taking  orders 
and  selling  staple  articles  of  merchandise  to  the  merchants 
of  said  city,  shall  not  be  deemed  within  the  meaning  of  this 
section. 

769.  Any  person  licensed  as  a peddler  under  any  ordi- 

nance of  the  city,  who  shall,  while  acting  in  such  capacity, 
be  guilty  of  any  fraud,  deception  or  imposition,  shall  be  sub- 
ject to  a fine  of  not  less  than  five  dollars  nor  exceeding  fifty 
dollars.  ' 

770.  No  peddler  shall  enter  any  private  house  in  said 
city,  without  being  admitted  by  some  occupant  thereof,  nor 
shall  insist  upon  showing  his  goods  or  wares  to  any  person 
after  being  told  by  such  person  that  he  or  she  does  not  wish 
to  see  or  purchase  the  same,  nor  shall  otherwise  vex,  annoy 
or  harrass  any  person,  under  a penalty  of  not  less  than  five 
dollars  nor  more  than  twenty-five  dollars  for  each  offense. 


Article  XVI. 

PORTERS  AND  RUNNERS. 

771.  No  person  shall  pursue  the  calling  of  a porter  or 
runner.  Or  solicit  the  patronage  of  any  traveler  or  person  for 
any  hotel  or  public  house,  within  the  city  of  Springfield, 
without  first  procuring  a license  for  such  purpose,  for  which 
he  shall  pay  the  sum  of  ten  dollars  per  year,  and  shall  exe- 
cute a bond  to  said  city  in  the  penal  sum  of  three  hundred 
dollars,  with  sureties,  to  be  approved  by  the  mayor,  condi- 
tioned for  the  faithful  observance  of  all  ordinances  of  the 
city  council,  regulating  or  relating  to  porters  ^nd  runners. 
Every  violation  of  this  section  shall  subject  the  offender  to  a 
fine  of  five  dollars. 

772.  The  proprietor  or  keeper  of  any  hotel  or  public 
house,  within  said  city,  may  take  out  a license  for  such  hotel 
or  house,  authorizing  the  keeper  thereof  to  employ  a suitable 
and  well-behaved  person  to  represent  such  house  as  a porter 
or  runner,  and  such  person  shall  then  be  authorized  to  act 
without  further  license,  and  such  porter  or  runner  may  be 
changed  in  the  discretion  of  the  person  or  firm  holding  the 
license  : Provided,  that  in  no  case  shall  two  or  more  persons 
be  authorized  to  act  under  one  license  at  the  same  time : 
And,  provided  further,  that  the  person  or  persons  holding 
such  license  shall  be  liable  for  any  and  all  fines  or  penalties 
incurred  by  any  person  acting  under  the  same,  for  violating 
any  ordinance  of  the  city  regulating  or  relating  to  porters 
and  runners. 


THE  CITY  OF  SPEINGFIELD. 


353 


773.  Every  porter  or  runner,  licensed  as  aforesaid,  while 
engaged  about  his  business,  shall  wear  conspicuously  on  some 
part  of  his  person,  a badge,  or  plate,  with  the  name  of  the 
hotel  or  public  house  for  which  he  is  soliciting  patronage 
painted  or  engraved  thereon  in  legible  characters.  Any  vio- 
lation of  this  section  shall  subject  the  offender  to  a penalty 
of  not  exceeding  five  dollars. 

774.  No  porter  or  runner  shall,  while  pursuing  his  call- 
ing about  any  railroad  depot  or  other  place,  within  the  city, 
leave  his  vehicle,  or  speak  in  a loud  or  boisterous  tone  or 
manner,  nor  use  any  profane  or  obscene  language,  nor  lay 
hold  of  any  traveler  or  person,  or  of  any  article  of  baggage, 
unless  by  permission  of  the  owner  or  possessor  thereof,  nor 
in  any  manner  vex,  harrass  or  importune  any  person,  nor 
be  guilty  of  any  deceit,  imposition  or  false  representation, 
in  the  furtherance  of  his  business,  to  the  annoyance  or  detri- 
ment of  any  person,  under  a penalty  of  not  less  than  three 
dollars  nor  more  than  twenty-five  dollars  for  each  offense. 


Article  XVII. 


SCAVENGERS. 

775.  No  person  shall  engage  in  or  pursue  the  occupa- 
tion of  a scavenger,  within  the  city  of  Springfield,  without 
being  specially  licensed  for  such  purpose,  as  hereinafter 
provided,  under  a penalty  of  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 

776.  The  mayor  is  hereby  authorized  to  grant  licenses, 
from  time  to  time,  to  any  person  or  persons,  as  he  shall 
deem  proper,  to  engage  in  the  business  or  occupation  of 
removing  garbage,  offal,  rubbish  and  ashes ; and  every  per- 
son so  licensed  and  engaged,  shall  be  deemed  a “scavenger” 
within  the  meaning  of  this  article. 

777.  Any  person  applying  for  such  a license,  shall  pay  to 
the  city  treasurer  therefor  the  sum  of  ten  dollars  per  annum, 
and  shall  execute  a bond  to  the  city  of  Springfield  in  the 
penal  sum  of  five  hundred  dollars,  with  at  least  two  sure- 
ties, to  be  approved  by  the  mayor,  conditioned  for  the  faith- 
ful observance  of  the  provisions  of  this  article,  and  of  all 
ordinances  which  may  hereafter  be  passed  by  the  city 
council  relating  to  the  occupation  or  employment  of  scaven- 
gers. 


—23 


354 


GENERAL  ORDINANCES  OF 


778.  Any  scavenger,  licensed  as  aforesaid,  in  removing 
any  garbage  or  offal,  shall  take  it  at  least  one-half  mile  beyond 
the  city  limits,  and  so  deposit  or  dispose  of  the  same  as 
that  it  shall  not  be  or  become  a nuisance  to  persons  resid- 
ing in  the  vicinity,  and  he  shall  also  remove  all  rubbish 
and  ashes  without  the  limits  of  the  city : Provided,  that 
the  committee  on  streets  and  alleys,  or  the  superintendent 
of  streets,  may  designate  suitable  dumping  grounds  within 
the  corporate  limits,  where  it  shall  be  lawful  for  scavengers 
and  other  persons  to  deposit  rubbish,  dirt  and  ashes. 

779.  Licensed  scavengers  shall  be  allowed  to  charge  and 
receive  for  removing  garbage,  offal,  rubbish  and  ashes,  the 
rates  following: 

First. — For  removing  each  box  or  barrel  containing  three 
bushels,  not  exceeding  fifteen  cents. 

Second. — For  removing  each  box,  keg  or  barrel  containing 
two  bushels,  not  exceeding  ten  cents. 

Third. — For  removing  each  box  or  vessel  containing  one 
bushel  or  less,  five  cents. 

Such  fee  or  fees  shall  be  paid  to  the  scavenger,  in  all 
cases,  by  the  person  or  persons  employing  him  to  do  the 
work. 

780.  Each  licensed  scavenger  may  keep  a suitable  slate 
or  board  at  the  police  headquarters,  and  at  each  of  the  fire 
engine  houses,  where  persons  desiring  his  services  can  leave 
their  orders.  The  wagon  or  other  vehicle  used  by  such 
scavenger  shall  be  numbered  with  the  number  of  his  license, 
and  shall  be  at  all  times  kept  in  repair,  and  in  an  inoffen- 
sive condition. 

781.  Any  licensed  scavenger  who  shall  violate,  or  fail  or 
refuse  to  comply  with  any  of  the  provisions  or  requirements 
of  this  article,  shall,  upon  conviction,  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense ; and 
the  mayor  may  at  any  time  revoke  such  license,  when  it 
shall  appear  to  his  satisfaction  that  the  person  licensed  has 
violated  or  failed  to  observe  any  requirement  hereof. 


Article  XVIII. 


SECOND-HAND  DEALERS  AND  KEEPERS  OF  JUNK  SHOPS. 

782.  No  person  or  firm  shall,  within  the  city  of  Spring- 
field,  exercise  or  carry  on  the  business  of  dealer  in  second- 
hand furniture,  household  goods,  second-hand  clothing,  or 
other  such  articles,  without  being  duly  licensed  for  such  pur- 
pose, under  a penalty  of  not  less  than  five  dollars  nor  more 


THE  CITY  OF  SPRINGFIELD. 


355 


than  one  hundred  dollars,  and  a like  penalty  for  each  day, 
after  conviction,  that  such  person  shall  continue  to  carry  on 
said  business  without  license. 

783.  No  person  shall,  within  said  city,  conduct  or  carry 
on  the  business  of  keeper  of  a junk  shop  or  store,  or  place 
for  the  purchase  or  sale  of  junk,  rags,  old  rope,  paper  or 
bagging,  old  iron,  brass,  copper,  tin,  lead,  or  empty  bottles, 
without  being  duly  licensed  for  such  purpose,  under  a pen- 
alty of  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars,  and  a similar  penalty  for  each  day,  after  conviction, 
that  such  person  shall  continue  to  conduct  or  carry  on  said 
business  without  a license.  Provided,  that  this  section  shall 
not  be  held  to  apply  to  manufacturers  purchasing  rags,  pa- 
per, old  iron,  or  other  metal  for  use  in  their  manufacturing 
establishments. 

784.  Any  person  desiring  a license  from  the  city,  either 
as  a second-hand  dealer,  or  keeper  of  a junk  shop  or  store, 
shall  make  application,  in  writing,  to  the  mayor  therefor, 
and  pay  into  the  city  treasury  the  license  fee  or  fees  else- 
where in  this  ordinance  prescribed  for  such  purpose,  and 
shall,  at  the  time  of  receiving  such  license,  execute  a bond 
to  the  city  of  Springfield  in  the  penal  sum  of  five  hundred 
dollars,  with  sureties,  to  be  approved  by  the  mayor,  condi- 
tioned for  the  due  observance  of  all  ordinances  of  the  city 
council,  regulating  or  relating  to  his  said  business,  which 
now  are  or  may  be  in  force  during  the  continuance  of  such 
license. 

785.  Every  second-hand  dealer,  or  keeper  of  junk  shop 
or  store,  licensed  as  aforesaid,  shall  be  entitled  to  keep  one 
or  more  wagons  or  other  vehicles  for  use  in  the  prosecution 
of  his  ordinary  business : Provided,  that  before  using  any 
such  vehicle  he  shall  have  painted  or  affixed  on  the  outside 
of  the  bed  or  body  of  the  same,  in  plain  letters  or  figures, 
the  number  of  his  license,  and  also  the  number  of  his  place 
of  business,  under  a penalty  of  one  dollar  for  each  day  the 
same  may  be  used  without  being  so  numbered. 

786.  In  case  any  person  so  licensed,  whether  as  a dealer 
in  second-hand  articles  or  keeper  of  a junk  shop,  shall  re- 
move his  store  or  place  of  business  from  the  place  designated 
in  the  license,  he  shall  thereupon  notify  the  city  clerk  of 
such  removal,  and  have  the  transfer  indorsed  upon  his  license, 
and  the  number  of  his  place  of  business  shall  be  changed 
on  the  body  of  his  vehicle,  and  made  to  correspond  with 
such  change  of  store  or  place  of  business. 

787.  No  dealer  in  second-hand  goods  or  keeper  of  a junk 
shop  shall,  within  said  city,  purchase  any  goods,  article  or 


356 


GENERAL  ORDINANCES  OF 


thing  whatever,  except  old  rags  and  waste  paper,  from  any 
minor,  without  the  written  consent  of  the  parent  or  guardian 
of  such  minor,  under  a penalty  of  not  less  than  five  dollars 
nor  more  than  fifty  dollars  for  each  offense. 

788.  Every  dealer  in  second-hand  articles,  or  keeper  of 

a junk  shop,  who  shall  receive  or  be  in  possession  of  any 
goods,  articles  or  things  of  value,  which  may  have  been  lost 
or  stolen,  or  alleged  to  have  been  lost  or  stolen,  shall,  upon 
demand  to  view  or  examine  the  same,  forthwith  produce 
such  goods,  articles  or  things,  to  the  mayor  or  any  member 
of  the  police  force  of  the  city,  under  a penalty  of  not  less 
than  five  dollars  nor  exceeding  one  hundred  dollars  for  every 
neglect  or  refusal  to  do  so.  ' 

789.  It  shall  be  the  duty  of  every  second-hand  dealer  or 
keeper  of  a junk  store,  licensed  as  aforesaid,  to  keep  a book, 
in  which  shall  be  written,  at  the  time  of  the  purchase  of 
any  article  or  thing,  in  the  way  of  his  business,  an  accu- 
rate description  of  the  article  or  thing  so  purchased,  the 
price  paid  therefor,  the  precise  time  of  making  such  pur- 
chase, and  the  name  and  residence  of  the  person  from  whom 
such  purchase  was  made ; and  said  book  shall,  at  all  reason- 
able times,  be  open  to  the  inspection  of  the  mayor,  the  chief 
of  police,  or  the  chairman  of  < the  committee  on  police.  Any 
second-hand  dealer,  or  junk  keeper,  who  shall  violate,  or 
neglect  or  refuse  to  comply  with  any  of  the  requirements  of 
this  section,  shall  be  subject  to  a fine  of  not  less  than  ten 
dollars  nor  more  than  fifty  dollars,  and  to  a further  fine  of 
ten  dollars  for  each  day,  after  the  first  conviction,  that  he 
shall  continue  in  such  violation,  neglect  or  refusal. 


Article  XIX. 


SIGNS. 

790.  No  person  shall  place  or  suspend,  or  cause  to  be 
placed  or  suspended,  from  any  house,  shop,  store,  lot  or 
place,  over  or  into  any  street,  alley  or  sidewalk,  within  the 
city  of  Springfield,  any  sign  or  show-board,  or  any  goods, 
wares  or  merchandise,  or  any  other  thing,  so  that  the  same 
shall  project  from  the  wall  or  front  of  said  house,  shop,  lot 
or  place,  more  than  three  feet  towards  or  into  the  street  or 
alley,  or  over  the  sidewalk,  under  a penalty  of  not  less  than 
three  dollars  nor  more  than  twenty-five  dollars  for  each  and 
every  offense. 


THE  CITY  OF  SPRINGFIELD. 


357 


791.  Signs  securely  fastened  may  be  suspended  over  the 
sidewalks  not  exceeding  three  feet  from  the  front  line  of 
the  building  or  lot,  and  at  a height  above  the  sidewalks 
of  not  less  than  eight  feet  in  the  lowest  part  thereof. 
Any  person  who  shall  place,  suspend,  keep  or  maintain  any 
sign,  show-bill,  lantern  or  show-board,  so  that  the  same 
shall  project  from  the  building,  store-room  or  premises, 
owned  or  occupied  by  him,  more  than  three  feet  over  the 
sidewalk,  or  at  an  elevation  of  less  than  eight  feet  in  the 
lowest  part  thereof  above  the  sidewalk,  shall  he  subject  to  a 
penalty  of  not  less  than  three  dollars  nor  more  than  twenty-’ 
five  dollars  in  each  case,  and  to  a further  penalty  of  three 
dollars  for  every  day  that  such  person  shall  suffer  or  permit 
such  unlawful  sign,  show-bill,  show-board  or  lantern  to  re- 
main, after  being  ordered  to  remove  the  same  by  the  street 
superintendent  or  any  member  of  the  police  force. 

792.  Barbers’  poles  and  other  sign-posts,  not  exceeding 
ten  feet  in  height,  may  be  erected  on  the  sidewalks;  but 
they  shall  be  placed  and  kept,  by  the  respective  owners 
thereof,  within  three  feet  of  the  building  or  front  line  of  the 
lot,  under  a penalty  to  the  offender  of  not  less  than  three 
dollars  nor  more  than  twenty-five  dollars  in  each  case,  and 
a further  penalty  of  three  dollars  for  every  day  that  such 
pole  or  sign-post  shall  continue  or  remain,  after  an  order 
given  to  remove  the  same  by  the  street  superintendent  or 
any  member  of  the  police  force. 

793.  No  person  shall  post  or  paint  any  advertisement, 
hand-bill  or  show-bill  upon  any  private  wall,  fence,  gate  or 
door,  or  upon  any  telegraph  or  telephone  pole,  within  said 
city,  without  having  first  obtained  the  consent  of  the  owner, 
occupant  or  agent  of  the  property,  nor  upon  any  building, 
wall  or  fence  belonging  to  the  city,  without  the  previous 
permission  of  the  superintendent  of  police. 


Article  XX. 


TELEGRAPHS,  TELEPHONES,  ETC. 

794.  No  person,  company  or  corporation,  shall  hereafter 
erect  or  maintain  any  telegraph,  telephone  or  electric-light 
posts  or  poles,  or  any  telegraph  or  telephone  wires,  or  elec- 
tric-light  conductors,  in,  upon,  across  or  along  any  street, 
avenue,  alley  or  public  place,  within  the  City  of  Springfield, 
without  having  first  obtained  the  permission  and  consent  of 


358 


GENERAL  ORDINANCES  OF 


the  city  council  therefor,  under  a penalty,  in  each  case,  of 
not  less  than  fifty  dollars  nor  more  than  two  hundred  dol- 
lars ; and  the  recovery  of  one  penalty  shall  be  no  bar  to 
further  prosecutions  for  a continuation  of  the  same  offense. 

795.  No  person,  company  or  corporation,  obtaining  such 
permission  or  authority  from  the  city  council,  as  aforesaid, 
shall  so  set,  erect  or  maintain  any  posts  or  poles,  or  so 
place  or  hang  any  wires  thereon,  as  to  impede  or  interfere 
with  the  public  travel  upon  any  street,  avenue,  alley  or  side- 
walk, or  so  as  to  injure  or  damage  any  public  or  private 
property  within  the  city,  under  a penalty  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars  for  each  day 
they  shall  fail  to  remedy  or  remove  the  same,  after  being 
notified  to  do  so  by  the  mayor,  the  chairman  of  the  com- 
mittee on  streets  and  alleys,  or  the  street  superintendent ; 
and  they  shall  also  be  liable  for  any  and  all  damages  result- 
ing to  the  owners  of  private  property  from  the  placing  or 
keeping  of  their  poles  or  wires  in,  upon  or  along  any  street, 
avenue  or  alley  of  said  city. 

796.  The  setting  or  placing  of  all  telegraph,  telephone 
or  electric-light  posts  or  poles,  within  the  city,  shall  be  done 
under  the  direction  and  supervision  of  the  mayor  and  com- 
mittee on  streets  and  alleys,-  whose  duty  it  shall  be  to  see 
that  the  poles  used  are  of  sufficient  length,  and  that  the 
wires  are  elevated  to  such  height  as  not  to  inconvenience  or 
incommode  the  public  in  the  free  use  of  any  street,  avenue, 
alley  or  highway ; and  it  shall  also  be  the  duty  of  said  com- 
mittee to  prosecute,  or  cause  to  be  prosecuted,  all  persons, 
companies  or  corporations  violating  any  of  the  provisions  of 
this  article. 

797.  Whoever  shall  willfully,  maliciously  or  negligently 
cut  down,  break,  injure  or  destroy,  any  telegraph,  telephone 
or  electric-light  pole ; or  shall  cut  or  break  any  wire  or 
electric  conductor;  or  shall  deface,  injure  or  destroy  any 
telephone  box  or  apparatus,  within  said  city,  except  in  case 
of  necessity  from  fire  or  other  casualty,  shall,  upon  convic- 
tion, be  fined  not  less  then  five  dollars  nor  more  than  two 
hundred  dollars  for  each  offense. 


Article  XXL 

TREES. 

798.  All  shade  or  ornamental  trees  placed  along  any 
street  or  avenue,  within  the  City  of  Springfield,  shall  be 
planted  on  a line  two  feet  inside  of  the  outer  edge  of  the 
sidewalk  or  curbing  thereof,  as  defined  by  the  ordinance 


THE  CITY  OF  SPRINGFIELD. 


359 


relating  to  sidewalks : Provided,  that  on  streets  and  avenues 
where  the  curb  line  of  the  sidewalk  is  sixteen  or  more  feet 
from  the  front  line  of  the  lots  or  property  abutting  thereon, 
the  trees  shall  be  planted  on  a line  eight  or  ten  feet  from 
the  front  line  of  said  abutting  property,  according  to  the 
width  of  the  street : And  provided,  further,  that  no  trees 
shall  hereafter  be  planted  or  cultivated  on  any  sidewalk 
which  is  less  than  eight  feet  wide,  nor  on  any  street  or 
thoroughfare  of  forty  feet  or  less  in  width.  Any  person  who 
shall  plant,  or  cause  to  be  planted,  or  shall  keep  or  main- 
tain, any  tree  or  trees  upon  any  street,  avenue  or  sidewalk, 
contrary  to  any  of  the  above  provisions  of  this  section,  shall 
be  deemed  guilty  of  obstructing  such  street,  avenue  or  side- 
walk, and  shall  be  subject  to  a penalty  of  one  dollar  for 
each  and  every  tree  so  planted  or  maintained ; and  the  city 
council  may,  at  any  time,  order  such  tree  or  trees  to  be  cut 
down  and  removed  by  the  street  superintendent  or  the  chief 
of  police. 

799.  No  person,  except  the  owner  or  occupant  of  the 
abutting  property,  shall  cut,  fell,  injure  or  remove  any  shade 
or  other  tree,  standing  in  or  upon  any  street,  avenue,  side- 
walk or  public  ground,  unless  by  the  authority  and  direction 
of  the  city  council,  under  a penalty  of  not  less  than  three 
dollars  nor  more  than  fifty  dollars  for  each  offense. 

800.  All  trees  planted,  cultivated  or  maintained  in  or 
along  any  of  the  streets  or  avenues  of  the  city,  shall  have 
the  boughs  or  branches  thereof  cut  and  trimmed  up  at  least 
ten  feet  above  the  ground,  so  as  not  to  incommode  the 
passage  of  persons  or  teams  along  any  street,  avenue  or 
sidewalk,  and  so  as  not  to  obstruct  the  reflection  of  the 
public  street  lamps. 

801.  If  any  tree  or  trees  be  permitted  by  the  owner  or 
occupant  of  the  adjacent  premises  to  grow  in  such  way  as 
to  interfere  with  travel  on  any  street,  avenue  or  sidewalk,  or 
so  as  to  obstruct  the  light  from  the  public  street  lamps,  it 
shall  be  the  duty  of  the  superintendent  of  streets  to  notify 
such  owner  or  occupant,  in  writing,  to  trim  such  tree  or 
trees  within  the  time  and  the  manner  to  be  specified  in  the 
notice ; and  if  any  person  so  notified  shall  neglect  or  refuse 
to  comply  with  such  notice,  he  shall  be  liable  to  a penalty  of 
one  dollar  for  each  and  every  tree  he  was  required  to  trim, 
and  neglected  or  refused  to  do  so ; and  said  superintendent 
shall  forthwith  cause  such  trees  to  be  trimmed  at  the 
expense  of  the  city,  and  the  cost  thereof  may  be  recovered 
by  suit,  in  the  name  of  the  corporation,  against  the  person 
neglecting  or  refusing  to  do  so  as  aforesaid. 


360 


GENERAL  ORDINANCES  OF 


Article  XXII. 


TOWN  ASSESSOR. 

802.  The  town  assessor  of  Capital  township  is  hereby 
authorized  to  appoint,  with  the  advice  and  consent  of  the 
city  council  of  the  city  of  Springfield,  eight  deputy  assessors. 

803.  The  pay  and  compensation  of  the  town  assessor  and 
his  deputies,  shall  be  two  dollars  and  fifty  cents  each  for 
each  day  necessarily  employed  by  them  in  making  the  annual 
assessment,  to  be  paid  out  of  the  town  treasury. 


Article  XXIII. 


WARDS  AND  WARD  BOUNDARIES. 

804.  The  city  of  Springfield  shall  be,  and  is  hereby 
divided  into  seven  wards,  described  as  follows : 

805.  The  boundary  of  the  First  Ward  shall  be  as  follows : 
Commencing  at  the  intersection  of  the  center  line  of  Tenth 
street  with  the  center  line  of  North  Grand  Avenue,  and  run- 
ning east  to  a point  ‘23  chains  and  links  west  from  the 
southeast  corner  of  section  twenty-two  (22),  township  sixteen 
(16)  north,  range  five  (5)  west  of  the  third  principal  meri- 
dian, and  forty  feet  south  of  the  southwest  corner  of  the 
reservoir  grounds;  thence  north,  along  the  west  line  of  said 
reservoir  grounds,  13  chains  and  74f  links  to  the  northwest 
corner  of  said  grounds,  thence  east  on  the  north  line  of  said 
grounds  23  chains  and  61^  links  to  the  northeast  corner 
thereof,  thence  south  on  the  east  line  of  said  grounds  12 
chains  and  99J  links  to  a stone  in  the  center  of  said  North 
Grand  Avenue,  being  the  southeast  corner  of  said  section  22 ; 
thence  east  to  the  center  line  of  East  Grand  Avenue,  thence 
south  to  the  center  line  of  Adams  street,  thence  west  to  the 
center  line  of  Tenth  street,  and  thence  north  to  the  center 
line  of  North  Grand  Avenue;  and  the  territory  included 
within  said  boundaries  shall  constitute  and  be  known  as  the 
First  Ward. 

806.  The  boundary  of  the  Second  Ward  shall  be  as 
follows : Commencing  at  the  intersection  of  the  center  line 
of  North  Grand  Avenue  with  the  center  line  of  Tenth  street 
(continued),  and  running  south  to  the  center  line  of  Mason 
street,  thence  west  to  the  west  line  of  Sixth  street,  thence 


THE  CITY  OF  SPRINGFIELD. 


361 


south  to  the  alley  known  as  Mason  alley,  thence  west  to  the 
center  line  of  Third  street,  thence  north  to  the  center  line 
of  North  Grand  Avenue,  and  thence  east  to  the  center  line 
of  Tenth  street ; and  the  territory  included  within  said 
boundaries  shall  constitute  and  be  known  as  the  Second 
Ward. 

807.  The  boundary  of  the  Third  Ward  shall  be  as 
follows : Commencing  at  the  intersection  of  the  center  line 
of  Third  street  with  the  center  line  of  North  Grand  Avenue, 
and  running  west  to  the  center  line  of  West  Grand  Avenue, 
thence  south  to  the  center  line  of  Washington  street,  thence 
east  to  the  center  line  of  Third  street,  and  thence  north  to 
the  center  line  of  North  Grand  Avenue ; and  the  territory 
included  within  said  boundaries  shall  constitute  and  be 
known  as  the  Third  Ward. 

808.  The  boundary  of  the  Fourth  Ward  shall  be  as  fol- 
lows : Commencing  at  the  intersection  of  the  center  line  of 
Third  street  with  the  center  line  of  Washington  street,  and 
running  west  to  the  center  line  of  West  Grand  Avenue, 
thence  south  to  the  center  line  of  South  Grand  Avenue, 
thence  east  to  the  center  line  of  Third  stre*et,  and  thence 
north  to  the  center  line  of  Washington  street;  and  the  terri- 
tory included  within  said  boundaries  shall  constitute  and  be 
known  as  the  Fourth  Ward. 

809.  The  boundary  of  the  Fifth  ward  shall  be  as  follows: 
Commencing  at  the  intersection  of  the  center  line  of  Tenth 
street  with  the  center  line  of  Monroe  street,  and  running 
west  to  the  center  line  of  Third  street,  thence  south  to  the 
center  line  of  South  Grand  Avenue,  thence  east  to  the  center 
line  of  Tenth  street,  and  thence  north  to  the  center  line  of 
Monroe  street ; and  the  territory  included  within  said  boun- 
daries shall  constitute  and  be  known  as  the  Fifth  Ward. 

810.  The  boundary  of  the  Sixth  ward  shall  be  as  follows : 
Commencing  at  the  intersection  of  the  center  line  of  East 
Grand  Avenue  with  the  center  line  of  Adams  street,  and 
running  west  to  the  center  line  of  Tenth  street,  thence  south 
to  the  center  line  of  South  Grand  Avenue,  thence  east  to 
the  center  line  of  East  Grand  Avenue,  and  thence  north  to 
the  center  line  of  Adams  street ; and  the  territory  included 
within  said  boundaries  shall  constitute  and  be  known  as  the 
Sixth  ward. 

811.  The  boundary  of  the  Seventh  ward  shall  be  as  fol- 
lows : Commencing  at  the  intersection  of.  the  center  line  of 
Tenth  street  with  the  center  line  of  Mason  street,  and  run- 
ning west  to  the  west  line  of  Sixth  street,  thence  south  to 


362 


GENERAL  ORDINANCES  OF 


the  north  line  of  Mason  alley,  thence  west  to  the  center 
line  of  Third  street,  thence  south  to  the  center  line  of 
Monroe  street,  thence  east  to  the  center  line  of  Tenth 
street,  and  thence  north  to  the  center  line  of  Mason  street ; 
and  the  territory  included  within  said  boundaries  shall  con- 
stitute and  be  known  as  the  Seventh  Ward. 


Article  XXIV. 


GENERAL  PENALTY — REPEAL — PROVISO — WHEN  THIS  ORDINANCE  TO 

BE  IN  FORCE. 

812.  Any  person,  company  or  corporation  violating  any 
of  the  foregoing  provisions  of  this  ordinance,  where  no  other 
tine  or  penalty  is  provided  for  the  breach  thereof,  shall  be 
subject  to  a tine  of  not  less  than  five  dollars  nor  more  than 
two  hundred  dollars  for  each  offense. 

813.  All  public  or  general  ordinances,  or  parts  thereof, 

not*  included  within  this  ordinance,  are  hereby  repealed,  so 
far  as  they  contravene  or  conflict  with  the  provisions  of  this 
ordinance : Provided,  that  'no  right,  debt,  obligation  or 

liability  accrued  or  incurred,  or  any  tine,  penalty  or  for- 
feiture imposed  or  assessed,  or  any  suit  or  action  instituted 
and  pending  under  any  such  ordinance,  shall  be  released, 
discharged  or  annulled,  or  in  anywise  affected  by  such 
repeal ; but  the  same  may  be  prosecuted,  recovered,  com- 
pleted and  enjoyed  in  the  same  manner,  and  as  fully  in  all 
respects,  as  if  such  ordinances,  or  parts  thereof,  had  re- 
mained in  full  force. 

814.  Special  or  private  ordinances  and  resolutions, 
passed  by  the  city  council,  are  not  repealed  or  modified, 
unless  the  same  be  repugnant  to  the  provisions  of  this 
ordinance. 

815.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Passed  Nov.  16,  1883.  Approved  Nov.  17,  1883. 

JOHN  McCREEKY,  Mayor. 

Ben.  F.  Talbott,  City  Clerk.  ' 


Ordered  printed  and  published  in  book  form  by  the  City  Council  of  the 
City  of  Springfield,  November  16,  A.  D.  1883. 


THE  CITY  OF  SPRINGFIELD. 


362^ 


AMENDMENT  IN  EELATION  TO  RAILEOADS. 

» 

An  Okdinance  to  amend  sections  577  and  579  of  an  ordinance  entitled  “An  ordi- 
nance in  revision  and  consolidation  of  the  General  Ordinances  of  the  city 
of  Springfield,”  passed  November  16, 1883,  and  approved  November  17, 1883, 
[Passed  January  21, 1884.  Approved  January  22, 1884.1 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

Section  1.  That  sections  five  hundred  and  seventy-seven 
(577)  and  five  hundred  and  seventy-nine  (579)  of  an  ordi- 
nance, entitled  “An  ordinance  in  revision  and  consolidation 
of  the  general  ordinances  of  the  city  of  Springfield,”  passed 
November  16,  1883,  and  approved  November  17,  18^:3,  be 
and  the  saniie  are  hereby  amended  so  as  to  read  as  follows : 

577.  It  shall  be  the  duty  of  all  railroad  companies  or  cor- 
porations whose  tracks  now  run  within,  or  may  hereafter  enter 
or  pass  through,  the  corporate  limits  of  the  city  of  Springfield, 
to  raise  or  lower  their  respective  railroad  tracks  to  conform  to 
any  grade  which  is  or  may  be  established  by  the  city  coun- 
cil for  any  street,  avenue  or  alley  upon,  along  or  through 
which  said  tracks  may  be  laid  or  run,  and  where  such  tracks 
run  lengthwise  of  any  street,  avenue  or  alley,  to  keep  the 
same  on  a level  with  the  street  or  alley  surface,  so  that  they 
may  be  conveniently  crossed  at  any  place  on  such  street  or 
alley;  and  to  make  and  keep  open  and  in  repair  suitable 
ditches,  drains,  sewers  and  culverts  along  and  under  their 
respective  railroad  tracks,  so  that  the  natural  drainage  of 
the  adjacent  property  shall  not  be  impeded;  and  to  construct 
and  keep  in  repair  suitable  and  convenient  crossings  at  the 
intersections  of  their  said  tracks  with  any  street,  avenue  or 
alley  in  said  city;  and  to  so  construct  and  lay  down  their 
said  tracks  and  crossings  as  to  interfere  as  little  as  possible 
with  ordinary  travel  over  or  upon  the  streets,  avenues  or 
alleys  occupied  or  used  by  them.  Any  such  railroad  com- 
pany or  corporation  failing,  neglecting  or  refusing  to  comply 
with  any  of  the  above  requirements  of  this  section,  within 
thirty  days  after  written  notice  to  do  so,  given  by  the  super- 
intendent of  streets  or  city  engineer,  shall  thereafter  be 
subject  to  a fine  of  not  less  than  twenty-five  dollars  nor 
more  than  two  hundred  dollars ; and  the  recovery  of  one 
fine  shall  be  no  bar  to  future  prosecutions  for  a like  failure 
or  neglect. 

579.  In  the  event  of  any  railroad  company  or  corpora- 
tion failing  or  refusing  to  construct,  alter  or  repair  any 
crossing,  culvert  or  bridge,  when  duly  notified  to  do  so,  as 
provided  in  section  five  hundred  and  seventy- eight  (578)  of 
this  article  [ordinance],  the  city  council  may  order  such 


GENERAL  ORDINANCES- 


sm 

crossing,  culvert  or  bridge  to  be  constructed,  altered  or  re- 
paired at  the  expense  of  the  city,  and  such  company  or 
j3orporation  shall  thereupon  be  liable  to  said  city,  in  an 
action  of  debt,  for  the  cost  and  expense  thereof. 

And  when  any  street,  avenue  or  alley  in  said  city,  upon, 
along  or  through  which  any  steam,  horse  or  street  railroad 
track  now  is  or  may  hereafter  be  laid,  operated  or  used, 
shall  be  ordered  paved,  by  ordinance  of  the  city  council,  it 
shall  be  the  duty  of  every  such  railroad  company  or  cor- 
poration to  pave  all  that  portion  of  said  street  or  alley  in- 
cluded in  the  space  between  the  rails  of  its  track  or  tracks, 
and  for  one  foot  on  the  outer  edge  of  said  rails,  in  the 
same  manner  as  the  remaining  portions  thereof  are  paved, 
or  in  such  other  manner  and  with  such  other  materials  as 
shall  be  by  ordinance  required ; and  in  case  of  default  on 
the  part  of  any  such  company  or  corporation  to  comply 
with  the  above  requirements  hereof,  the  city  council  of  said 
city  may  cause  such  railroad  track  or  tracks  to  be  taken  up, 
and  said  pavement  to  be  laid  pursuant  to  ordinance ; and 
every  such  railroad  company  or  corporation  shall  be  liable 
to  the  city  for  the  cost  and  expense  of  paving  said  portion 
or  portions  of  such  street,  avenue  or  alley  aforesaid,  together 
with  lawful  interest  thereon  from  the  completion  of  the 
work ; and  upon  the  failure  or  refusal  of  such  railroad  com- 
pany or  corporation  to  pay  such  cost  or  assessment,  and 
interest,  the  same  may  be  • recovered  of  such  company  or 
corporation  by  suit,  in  the  name  of  the  city,  before  any 
court  of  competent  jurisdiction. 

§ 2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  due  publication.* 


* This  ordinance  was  passed  by  the  city  council  after  the  general  and 
special  ordinances  had  been  printed,  which  will  account  for  the  aboye  frac- 
tional paging. 


/ 


SPECIAL  ORDINANCES 

OF  THE 

CITY  OF  SPRINGFIELD. 


I 


/ 


V 


SPECIAL  ORDINANCES. 


AETICLE  NINE  OF  GENERAL  INCORPORATION  ACT. 


An  Ordinance  adopting  Article  9 of  an  act  entitled  “An  act  to  provide  for  the 
Incorporation  of  Cities  and  Villages.”  [Passed  August  6, 1872.  Approved  of 
same  date. 


Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

816.  Adoption  of  Article  P.]  Sec.  1.  That  in-pursuance 
of  Section  fifty-four  (54)  of  Article  nine  (9)  of  an  act  of  the 
General  Assembly  of  Illinois,  approved  April  10,  1872,  enti- 
tled “An  act  to  provide  for  the  inco;rporation  of  cities  and 
villages,”  the  provisions  of  article  nine  (9)  of  an  act  entitled 
“An  act  to  provide  for  the  incorporation  of  cities  and  vil- 
lages,” passed  by  the  General  Assembly  of  the  State  of  Illi- 
nois, and  approved  by  the  Governor  on  the  10th  day  of 
April,  A.  D.  1872,  be,  and  the  same  are  hereby,  adopted  for 
the  use,  benefit  and  good  government  of  the  city  of  Spring- 
field. 

817.  Rejoeal,  etcJ]  § 2.  All  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed.  This  ordi- 
nance to  take  effect  and  be  in  force  from  and  after  its  passage. 


366 


SPECIAL  ORDINANCES  OF 


FUNDING  OF  BONDED  INDEBTEDNESS. 


An  Oedinance  to  provide  for  funding  and  retiring  the'outstanding  bonded  in- 
debtedness of  the  city  of  Springfield.  [Passed  July  23, 1880.  Approved  July 
26, 1880. 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

818.  Question  of  the  issue  oj  new  bonds  to  the  amount  of 
nine  hundred  thousand  dollars^  submitted  at  special  election- 
class,  date  of  issue,  time  and  place  of  payment,  and  rate  of 
interest  of  bonds.}  Sec.  1.  That,  in  pursuance  of  the  peti- 
tion of  more  than  ten  legal  voters  of  said  city,  duly  pre- 
sented to  the  city  council  therefor,  the  following  question  or 
proposition  for  the  issue  of  the  bonds  of  the  city  of  Spring- 
field,  under  the  act  of  the  General  Assembly  of  the  State  of 
Illinois,  entitled  “An  act  to  amend  an  act  approved  April 
27,  1877,  entitled  ‘An  act  to  amend  an  act  entitled  an  act 
relating  to  county  and  city  debts,  and  to  provide  for  the 
payment  thereof  by  taxation,  in  such  counties  and  cities,’ 
approved  February  13,  1865,  and  to  amend  the  title  thereof,” 
approved  June  4,  1879,  in  lieu  or  place  of  all  the  outstand- 
ing and  unpaid  bonds,  or  other  subsisting  legal  evidences  of 
indebtedness  of  said  city,  be  and  is  hereby  submitted  to  the 
legal  voters  thereof,  at  a special  election  to  be  held  at  the 
time  and  in  the  manner  hereinafter  provided : That  said 
city  council  be  authorized  to  issue,  or  cause  to  be  issued, 
new  bonds  of  the  city  of  Springfield,  to  the  amount  of  not 
exceeding  in  the  aggregate  the  principal  of  all  the  binding, 
subsisting,  legal  bonds,  or  other  legal  evidences  of  indebted- 
ness of  said  city,  outstanding  and  unpaid  at  the  time  of 
such  issue,  and  in  no  event  to  exceed  the  sum  of  nine  hun- 
dred thousand  dollars.  Said  new  bonds  to  be  of  class  first, 
as  provided  in  the  act  aforesaid,  and  to  bear  date  on  the 
first  day  of  the  month  of  September,  in  the  year  in  which 
they  are  issued,  and  to  be  payable  in  twenty  years  from  the 
date  thereof,  at  the  office  of  the  State  Treasurer  of  the  State 
of  Illinois,  and  to  bear  interest  at  the  rate  of  not  exceeding 
five  per  cent,  per  annum,  payable  annually  at  the  office  of 
the  State  Treasurer  of  the  State  of  Illinois,  or  at  such  place 
in  the  city  of  New  York  as  said  Treasurer  shall  designate, 
for  the  payment  of  the  debt  of  the  State  of  Illinois. 

819.  Clerk  to  give  notice  of  election — returns,  etc. — ballots.} 

§ 2.  The  city  clerk  is  hereby  authorized  and  instructed  to 
give  due  notice,  as  prescribed  in  the  third  section  of  the  act 
aforesaid,  for  an  election  to  be  held  in  the  several  wards  of 
said  city,  at  the  usual  voting  places  therein,  on  Tuesday, 


THE  CITY  OF  SPRINGFIELD. 


367 


the  24th  day  of  August,  A.  D.  1880,  upon  the  question  or 
proposition  hereinbefore  set  forth.  The  said  election  shall 
be  opened,  held  and  conducted,  and  the  returns  thereof  made 
and  canvassed  by  the  officers  appointed,  and  in  the  manner 
provided  by  law  and  the  ordinances  for  city  elections ; and 
the  ballots  at  such  election  shall  read  as  follows : “h’or 
issuing  the  bonds,”  or  “Against  issuing  the  bonds.” 

820.  Denomination  of  bonds  to  he  issued — mayor  and 
comptroller  to  advertise  for  proposals — all  bids  to  be  reported  to 
city  council  for  acceptance  or  rejection — no  bonds  to  be  exchanged 
or  sold  at  lees  than  par  value.]  § 3.  In  case  a majority  of 
the  legal  votes  cast  at  said  election  (as  evidenced  by  the 
canvass  of  the  returns  of  the  same)  are  “for  issuing  the 
bonds,”  the  city  council  shall,  for  the  purpose  of  carrying 
the  foregoing  proposition  into  effect,  cause  to  be  prepared  of 
the  coupon  bonds  of  said  city  not  exceeding  six  hundred  of 
the  denomination  of  one  thousand  dollars  each,  and  not 
exceeding  five  hundred  and  fifty  of  the  denomination  of  five 
hundred  dollars  each,  and  not  exceeding  two  hundred  and 
fifty  of  the  denomination  of  one  hundred  dollars  each — all 
of  said  bonds  to  bear  interest  at  the  rate  and  be  payable  at 
the  time  or  times  and  place  aforesaid.  But  before  any  of 
said  bonds  shall  be  issued,  it  shall  be  the  duty  of  the  mayor 
and  comptroller  of  said  city  to  publish  a circular  or  adver- 
tisement, giving  not  less  than  thirty  nor  more  than  sixty 
days’  notice  that  proposals  will  be  received  from  the  holders 
or  other  persons  for  the  surrender  of  the  outstanding  and 
unpaid  bonds  of  said  city,  specifying  the  class,  date,  denomi- 
nation, time  of  maturity,  rate  of  interest  and  place  of 
payment  of  the  new  bonds,  and  the  terms  upon  which  the 
old  bonds  may  be  surrendered  and  exchanged,  and  all  bids 
shall  be  reported  to  the  city  council;  or,  the  mayor  and 
comptroller  shall  advertise,  in  like  manner  as  oefore,  for 
bids  for  the  sale  of  said  new  bonds,  or  such  portions 
thereof  as  may  be  deemed  expedient,  and  apply  the  proceeds  , 
of  such  sales  to  the  purchase  and  retiring  of  the  outstanding 
and  unpaid  bonds,  or  other  legal  evidences  of  indebtedness 
of  said  city,  and  for  no  other  purpose  whatever;  and  the 
city  council  hereby  reserves  the  right  to  accept  or  reject  any 
proposals  or  bids  which  may  be  received  for  the  bonds 
authorized  to  be  issued  under  this  ordinance  and  the  act 
aforesaid : Provided,  that  no  new  bonds  shall  be  exchanged 
or  sold  at  less  than  their  par  value — and  any  interest  that 
appears  to  have  accrued  thereon  up  to  the  time  of  such 
exchange  or  sale,  shall  be  credited  upon  the  coupons  attached 
to  said  new  bonds — nor  shall  any  be  delivered  except  as  the 
old  bonds,  or  other  legal  evidences  of  indebtedness  of  said 
city,  to  an  equal  amount,  are  surrendered ; nor  until  such 


368 


SPECIAL  ORDINANCES  OF 


issue  and  delivery  are  authorized  by  a vote  of  the  majority 
of  all  the  aldermen  authorized  by  law  to  be  elected  to  the 
city  council. 

821.  Cancellation  of  old  bonds — registration,']  § 4.  Upon 
the  surrender  of  any  outstanding  bonds  or  other  legal  evi- 
dences of  indebtedness  of  said  city,  the  same  shall  be  endorsed 
“cancelled,”  and  shall  from  time  to  time  be  destroyed,  under 
the  direction  of  the  city  council  ; and  upon  the  issuing  of 
any  new  bond  of  said  city,  the  city  comptroller  shall  make 
a register  thereof,  in  a book  to 'be  kept  in  his  office  for  that 
purpose,  showing  the  date,  amount,  number,  class,  time  of 
maturity,  rate  of  interest,  and  place  of  payment  of  such 
bond,  and  a description  of  the  bond,  or  other  evidence  of 
indebtedness,  for  which,  or  the  retiring  of  which,  the  same 
was  given,  as  nearly  as  practicable. 

822.  In  force  from  passage.]  § 5.  This  ordinace  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


Declaration  of  the  result  of  the  special  election  held  under  the  foregoing  ordi- 
nance. [Adopted  by  the  city  council  August  31,  1880.] 

Whereas,  in  pursuance  of  an  ordinance  passed  by  the  city  council  of  the  City 
of  Springfield,  on  July  23, 1880,  and  approved  by  the  mayor  on  July  26, 1880,  entitled 
*‘An  ordinance  to  provide  for  funding  and  retiringthe  outstandingbonded  indebt- 
edness of  the  city  of  Springfield,”  the  question  or  proposition  of  issuing  the 
bonds  of  said  city,  as  provided  and  specified  in  said  ordinance,  was  submitted 
to  the  legal  voters  of  said  city  at  a special  election  held  conformably  to  law,  in 
the  several  wards  of  said  city,  at  the  usual  places  of  voting  therein,  on  the  24th 
day  of  August,  A.  D.  1880;  and. 

Whereas,  it  appears  that  1 due  notice  of  said  election  was  given  and  pub- 
lished, as  required  by  the  statute  in  such  case  made  and  provided;  and, 
Whereas,  it  further  appears  from  the  canvass  of  the  returns  of  said  election, 
that  there  was  polled  in  said  city  756  votes  “for  issuing  the  bonds,”  and  493  votes 
“against  issuing  the  bonds,”  and  that  a majority  of  all  the  votes  cast  at  said 
election  was  for  issuing  the  bonds;  therefore,  be  it 
Resolved  and  Declared,  by  the  city  council  of  the  City  of  Springfield,  that,  as  a 
result  of  said  special  election  held  as  aforesaid,  the  city  council  is  authorized 
to  issue,  dr  cause  to  be  issued,  the  bonds  of  said  city,  in  conformity  with  the 
specifications  of  said  notice  and  ordinance,  to  the  amount  and  for  the  purpose 
therein  set  forth. 


INCOEPOEATION  OF  THE  CITY  UNDEE  GENEEAL 

LAW. 


An  Ordinance  to  submit  the  question  of  incorporation,  under  the  general  law 
of  1872,  to  a vote  of  the  electors  of  the  city  of  Springfield.  [Passed  Feb- 
ruary 22,  1882.  Approved  February  23,  1882.1 

Whereas,  one-eighth  of  the  legal  voters  of  the  City  of 
Springfield,  voting  at  the  last  preceding  municipal  election, 
have  petitioned  the  mayor  and  council  thereof  to  submit  the 
question  as  to  whether  said  city  shall  become  incorporated 


THE  CITY  OF  SPRINGFIELD. 


369 


under  an  act  of  the  General  Assembly  of  the  State  of  Illi- 
nois, entitled  “An  act  to  provide  for  the  incorporation  of 
cities  and  villages,”  approved  April  10,  1872,  and  in  force 
July  1,  1872,  to  a vote  of  the  electors  of  said  city  at  the 
next  ensuing  municipal  election;  now,  therefore. 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

823.  Questions  suhinitted — time  of]  Sec.  1.  That  the 
question  of  incorporation  or  organization  under  said  act  of 
1872,  and  also  the  question  of  minority  representation  in  the 
city  council,  as  provided  in  said  act,  be,  and  the  same  are 
hereby,  submitted  to  the  electors  of  the  City  of  Springfield, 
for  adoption  or  rejection*,  at  the  next  ensuing  municipal 
election,  to  be  held  in  and  for  said  city  on  the  first  Tuesday 
•of  April,  1882. 

824.  Mayor  to  give  notice  of  election— judges — returns — 
ballots.]  § 2.  The  mayor  is  hereby  authorized  and  instructed 
to  give  the  notice  prescribed  in  the  second  section  of  the 
act  aforesaid  for  an  election  to  be  held  in  the  several  wards 
of  said  city,  at  the  usual  voting  places  therein,  on  the  day 
and  date  hereinbefore  specified,  upon  the  question  herein 
set  forth.  The  judges  of  said  election  shall  be  the  same 
persons  as  those  duly  appointed  by  the  city  council  for  the 
regular  charter  and  town  election,  to  be  held  at  the  time 
and  place  or  places  aforesaid.  Said  election  shall  be  opened 
and  conducted  in  the  manner  provided  by  law  and  the  ordi- 
nances for  other  municipal  elections,  and  the  judges  shall 
make  returns  thereof  to  the  city  council,  who  shall  canvass 
the  same  and  cause  the  result  of  such  canvass  to  be  entered 
upon  the  journal  of  the  city  council.  The  ballots  used  at 
such  election  shall  be  in  the  following  form:  ‘Tor  city 
organization  under  general  law,”  or,  “Against  city  organiza- 
tion under  general  law;”  “For  minority  representation  in 
the  city  council,”  or,  “Against  minority  representation  in 
the  city  council.” 

825.  In  force  from  passage.]  ' § 3.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


Transcript  from  Journal  of  the  City  Council,  showing  the  result  of  the  election 
held  under  foregoing  ordinance. 


A meeting  of  the  city  council  of  the  city  of  Springfield,  held  at  the  council 
chamber.  Thursday  evening,  April  6, 1882,  at  7:80  o’clock,  pursuant  to  adjourn- 
ment. Result  of  a canvass  of  the  returns  of  an  election  held  in  the  several  elec- 
tion districts  of  the  city  of  Springfield  on  the  fourth  day  of  April,  A.  D.  1882,  upon 
the  question  of  the  organization  of  said  city  under  the  general  law,  entitled  “An 
act  to  provide  for  the  incorporation  of  cities  and  villages,”  approved  April  10, 
1872,  in  force  July  1, 1872;  also  upon  the  question  of  minority  representation  in 
the  city  council  of  said  city: 

—24 


370 


SPECIAL  ORDINANCES  OF 


For  city  organization  under  general  law 2,500 

Against  “ “ “ 863 

For  minority  representation  in  the  city  council 71 

Against  “ “ “ “ 100 


Majority  for  city  organization  under  general  law 1,637 


Majority  against  minority  representation  in  the  city  council* 29 


State  of  Illinois,  ) „ 

Sangamon  County. 

I,  Harry  C.  Watson,  city  clerk  of  the  city  of  Springfield,  in  the  county  of  San- 
gamon, and  State  aforesaid,  do  hereby  certify  that  the  foregoing  is  a true  and 
correct  transcript  of  the  entry  made  upon  the  record  of  the  proceedings 
of  the  city  council  of  said  city  of  Springfield,  of  the  canvass  of  the  votes,  and 
showing  the  result  of  the  election  held  April  4,  1882,  upon  the  question  of  the 
organization  of  said  city  under  “An  act  to  provide  for  the  incorporation  of  cities 
and  villages,”  in  force  July  1, 1872.  , 

In  witness  whereof,  I hereunto  set  my  hand  and  affix  the  seal  of  said  city  of 
Springfield,  this  20th  day  of  April,  1882. 

[OFFICIAL  SEAL.]  HARRY  C.  WATSON,  City  Clerk, 


LINCOLN  MONUMENT  OKOUNDS. 

An  Oedinance  making  a donation  of  a certain  plat  of  ground  in  Oak  Ridge 
Cemetery  for  the  use  of  the  National  Lincoln  Monument  Association. 
[Passed  July  31,  1865.  Approved  August  1, 1865.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

826.  [Mayor  and  clerk  authorized  to  convey  a certain  tract 
of  land,  including  right  of  way,  to  Monument  Association.l 
Sec.  1.  That  in  consideration  of  respect  for  the  memory 
of  the  illustrious  dead,  and  in  pursuance  of  a donation  here- 
tofore made  by  the  city  council  to  the  National  Lincoln  Mon- 
ument Association, 'of  the  land  hereafter  described,  the  mayor 
and  city  clerk  of  this  city  are  hereby  authorized  and  in- 
structed to  convey,  by  a proper  deed  of  conveyance,  that 
portion  of  land  beingj  a part  of  Oak  Eidge  Cemetery,  and  con- 
taining in  all  six  yIu  acres,  surveyed  on  the  3d  day  of  July, 
1865,  by  Z.  A.  Enos,  according  to  a plat  of  said  survey 
which  is  hereby  attached,  reserving  in  said  deed  to  the  city 
of  Springfield,  for  the  use  of  Oak  Eidge  Cemetery,  the  Ee- 
ceiving  Vault  now  on  said  lot  of  ground,  either  to  use  or 
remove  the  same,  also  a right  of  way  20  feet  in  width  along 
the  whole  length  of  the  east  side  of  said  tract,  for  the  use 
of  Oak  Eidge  Cemetery. 


*The  separate  vote  by  wards  is  omitted  in  the  above  transcript  copy. 


THE  CITY  OF  SPRINGFIELD. 


371 


827.  Convegance  in  trust,  etc.,  for  monumental  purposes — 
Ground  to  he  used  only  as  a burial  place  for  the  remains  of 
Abraham  Lincoln  and  his  family.]  § 2.  But  the  said  con- 
veyance shall  be  in  trust,  however,  to  possess,  use  and  con- 
trol said  lot  of  ground  (subject  to  the  general  rules  and 
regulations  adopted  for  the  government  of  Oak  Kidge  Cem- 
etery) for  the  purpose  of  grading,  ornamenting  and  improving 
the  same  at  pleasure,  and  in  such  manner  as  will  promote 
the  principal  trusts  interested  hereby,  which  are:  To  pur- 
chase a suitable  place  for  the  final  deposit  of  the  honored 
remains  of  Abraham  Lincoln,  late  president  of  the  United 
States ; to  inter  said  remains  in  a vault  therein ; to  erect  a 
monument  over  said  remains  illustrative  of  his  virtues  and 
of  his  renown ; to  preserve  said  lot  of  ground  and  said  mon- 
ument in  proper  order  during  the  corporate  existence  of  said 
party  of  the  second  part,  and  at  the  termination  of  said 
corporate  existence  or  the  time  to  which  by  law  it  may  be 
extended,  to  convey  said  lot  of  ground  to  the  State  of  Illinois 
to  be  held  forever  by  said  State  of  Illinois,  subject  to  the 
above  trusts;  and  to  re-convey  to  the  city  of  Springfield  so 
much  of  said  lot  of  ground  as  may  hereafter,  in  the  opinion 
of  said  party  of  the  second  part,  be  unnecessary  for  the  pur- 
poses of  said  monument,  or  the  trusts  above  stated.  It  is, 
however,  expressly  understood  and  stipulated,  and  the  said 
deed  shall  be  made  upon  the  express  condition  that  the  said 
lot  of  ground  finally  retained  by  the  said  party  of  the  sec- 
ond part,  shall  never  be  used  as  a burial  place  for  the 
remains  of  any  other  person  but  those  of  the  said  Abraham 
Lincoln,  his  widow,  his  sons,  and  his  sons  immediate  family. 
And  it  is  further  stipulated  and  shall  be  made  a condition 
of  said  deed,  that  the  said  party  of  the  second  part,  its  suc- 
cessors and  assigns,  shall  always  permit  and  grant  to  the 
above  described  persons,  to-wit,  the  said  widow  and  sons  of 
the  said  Abraham  Lincoln,  and  their  immediate  families,  the 
right  to  be  interred  in  the  same  vault  with  himself. 


An  Oedinance  in  relation  to  the  Lincoln  Monument  Association  and  Oak  Ridge 
Cemetery.  [Passed  October  15, 1877.1 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield, 
Illinois : 

828.  The  mayor  and  clerk  directed  to  convey  a certain  parcel 
of  land  to  the  Monument  Association.]  Sec.  1.  That  the  mayor 
and  clerk  of  said  city  be  and  are  hereby  authorized  and 
directed,  for  a like  consideration  and  upon  the  same  trusts 
as  are  specified  and  set  forth  in  the  ordinance  of  said  city 
council,  passed  on  the  31st  day  of  July,  1865,  and  approved 


372 


SPECIAL  ORDINANCES  OF 


August  1,  1865,  and  entitled  “An  ordinance  making  a dona- 
tion of  a certain  plat  of  ground  in  Oak  Kidge  Cemetery  for 
the  use  of  the  National  Lincoln  Monument  Association,”  to 
convey  all  that  parcel  of  ground  in  said  cemetery  beginning 
at  the  southeast  corner  of  the  Miller  lot  of  ground  as  fenced, 
thence  south  to  the  first  valley  on  wet  weather  branch, 
thence  up  with  said  branch  in  a southeasterly  direction  to 
the  point  on  the  accompanying  plat  marked  (A),  thence  due 
east  to  the  main  road  leading  into  the  cemetery  from  the 
south  gate. 

829.  Certain  other  land  to  he  included  in  the  deed.]  § 2. 
That,  as  it  is  represented  that  the  deed  made  by  the  said 
city  to  said  association,  in  pursuance  of  said  ordinance,  has 
been  lost  or  mislaid,  that  if  said  association  should  desire  it 
to  be  done,  that  said  mayor  and  clerk  be  also  authorized 
and  directed  to  include  in  the  same  deed  the  said  land 
directed  to  be  conveyed  by  the  above  mentioned  ordinance. 

830.  Plat  of  the  ground  to  he  made,  etc.]  § 3.  That  the 
city  engineer  be  required  to  make  a perfect  plat  of  all  the 
ground  above  directed  to  be  conveyed,  both  by  this  and  the 
aforesaid  ordinance,  making  two  copies  thereof,  the  one  to 
be  filed  with  the  city  clerk  to  be  kept  among  the  records  of 
said  cemetery,  and  the  other  to  be  delivered  with  said  deed 
to  said  association. 


RAILEOADS. 


ALTON  AND  SANGAMON  RAILROAD  COMPANY. 

An  Oedinance  allowing  the  right  of  way  to  the  Alton  and  Sangamon  Railroad 
Company,  on  Third  street.  [Passed  March  20. 1851.1 

Be  it  ordained  h'y  the  City  Council  of  the  City  oj  Springfield: 

831.  Right  of  way  in  Third  street  its  tvhole  length — con- 
ditions.] Sec.  1.  The  Alton  and  Sangamon  Railroad  Com- 
pany are  allowed  the  right  of  way  in  Third  street,  in  said 
city,  throughout  its  whole  length  and  width,  except  a strip 
ten  feet  wide  on  each  side  of  the  street,  in  front  of  all  prop- 
erty on  said  street  but  their  own,  for  sidewalks,  so*  far  as 
may  be  necessary  for  the  construction,  completion  and  con- 
venient enjoyment  of  their  railroad  within  and  upon  said 
street : Provided,  that  said  company  shall  not  erect  any 


THE  CITY  OF  SPKINGFIELD. 


373 


building  within  or  upon  said  street ; that  said  company 
shall  so  grade,  level,  and  bridge  said  street,  on  at  least  one 
side  of  the  track,  as  to  be  at  all  times  conveniently  passable 
for  teams,  with  convenient  access  to  and  from  the  same,  on 
both  sides  thereof,  at  each  street  and  alley  crossing  said 
track ; that  said  company  shall  make,  construct,  and  at  all 
times  keep  in  repair,  sufficient  and  suitable  culverts,  ditches, 
and  whatever  else  shall  be  needful  for  the  complete  drainage 
of  said  Third  street ; that  the  locomotives,  cars,  etc.,  of  said 
company,  ’shall  not,  while  within  the  limits  of  said  city, 
move  at  a greater  speed  than  the  rate  of  six  miles  per  hour : 
And  provided,  further,  that  the  said  city  does  not  assume  to 
make  compensation  for  any  injury  which  may  be  done  to 
private  property  by  said  company,  and  does  not  assume  to 
interfere  with  any  legal  claim  for  damages  which  the  owners 
of  private  property  may  at  any  time  have  against  said  com- 
pany. 


An  Oedinance  amendatory  to  the  ordinance  allowing  the  right  of  way  to  the 
Alton  and  Sangamon  Eailroad  Company.  [Passed  June  26, 1851.1 

Be  it  ordained  by  the  City  Cou7icil  of  the  City  of  Springfield: 

832.  Culverts,  bridges,  etc.,  to  be  constructed  under  direc- 
tion of  the  city  council.']  Sec.  1.  The  ordinance  in  relation 
to  the  Alton  and  Sangamon  railroad  company,  allowing  said 
company  the  right  of  way,  in  part,  over  and  upon  Third 
street,  passed  March  20,  1851,  is  so  amended  as  to  require 
said  company,  in  the  construction  of  culverts,  bridges, 
ditches,  and  whatsoever  else  shall  be  useful  and  needful  for 
the  complete  drainage  of  said  Third  street,  to  do,  execute 
and  perform  the  same,  in  conformity  to,  and  with  the  direc- 
tion of,  the  city  council  of  said  city. 


PANA,  SPRINGFIELD  AND  NORTHWESTERN  RAILROAD  CO. 


An  Oedinance  granting  the  right  of  way  to  the  Pana,  Springfield  and  North- 
western Railroad  Company.  [Passed  March  3, 1869.  Approved  March  5,  1869.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

833.  Right  of  ivay  allowed  upon  any  street  or  avenue  in 
the  city — conditions  thereto.]  Sec.  1.  That  the  Pana,  Spring- 
field  and  Northwestern  railroad  company  are  hereby  allowed 
the  right  of  way  in  or  upon  any  street  or  avenue  in  said 


374 


SPECIAL  ORDINANCES  OF 


city,  throughout  its  whole  length,  but  not  so  as  to  interfere 
with  that  portion  reserved  for  sidewalk  purposes,  so  far  as 
may  be  necessary  for  the  construction,  completion,  operation 
and  convenient  enjoyment  of  their  railroad,  within  and  upon 
said  street  or  avenue : Provided,  that  said  company  shall 
not  erect  any  building,  fence  or  other  obstruction  of  any 
kind  within  or  upon  the  limits  of  said  street  or  avenue. 
That  said  company  shall  so  grade,  level  and  bridge  said 
street  or  avenue,  on  both  sides  of  their  track,  as  to  be  at 
all  times  conveniently  passable  tor  teams  and  carriages,  with 
convenient  access  to  and  from  the  same,  as  well  as  on  both 
sides  of  each  street  and  alley  crossing  said  track.  That  said 
company  shall  make,  construct,  and  at  all  times  keep  in 
repair,  sufficient  and  suitable  crossings  for  foot  passengers, 
culverts,  ditches,  and  whatever  else  shall  be  needful  for  the 
complete  and  convenient  passage,  use  and  drainage  of  said 
street  or  avenue.  That  the  locomotives,  cars,  or  other  roll- 
ing stock  of  said  company,  shall  not,  while  within  the  limits 
of  said  city,  move  at  a greater  speed  than  the  rate  of  six 
(6)  miles  an  hour:  And  provided, further,  that  said  city  does 
not  assume  to  make  compensation  for  any  injury  which  may 
result  or  be  done  to  life,  health,  or  private  property,  by  said 
company,  and  does  not  assume  to  interfere  with  any  legal 
claim  for  damages  which  any  person  or  persons,  or  the  owner 
of  private  property,  may  have,  either  in  the  location  or  op- 
eration of  said  railroad,  at  any  time,  against  said  company, 
for  injury,  life,  health  or  private  property  aforesaid : And 
it  is  farther  provided,  that  the  location  of  said  railroad  through 
said  city  shall  be  established,  and  the  construction  of  cul- 
verts, ditches,  and  whatever  else  shall  be  useful  and  needful 
for  the  complete  drainage  of  said  street  or  avenue,  shall  be 
done  and  performed  only  with  the  consent  and  in  conform- 
ity to,  and  under  the  direction  of,  the  city  council  of  said 
city,  acting  through  the  city  engineer : And  provided,  further, 
that  in  case  South  Grand  Avenue  shall  be  selected  for  the 
location  of  said  railroad,  the  said  railroad  track  shall  be 
located  and  constructed  so  as  not  in  any  way  to  interfere 
with  the  section  and  quarter-section  movements,  known  as 
the  government  and  sub-division  corners : And  provided, 
further,  said  railroad  company  shall  be  subject  to  the  ordi- 
nances of  said  city  relating  to  railroads,  and  to  such  as  shall 
be  hereafter  passed  relating  thereto : Provided,  that  if  either 
grand  avenue  shall  be  selected,  then  the  track  shall  he 
located  not  less  than  six  feet  within  the  center  line  of  said 
avenue,  so  selected. 


THE  CITY  OF  SPRINGFIELD. 


375 


SPRINGFIELD  AND  ILLINOIS  SOUTHEASTERN  RAILWAY  COMPANY. 

An  Okdinance  granting  the  right  of  way  to  the  Springfield  and  Illinois  South- 
eastern Railway  Company,  on  Madison  street  and  Salome  avenue.  [Passed 
July  6,  1870,  Approved  July  7, 1870.1 

Whereas,  the  Springfield  and  Illinois  Southeastern  Eail- 
way  Company,  into  which  the  Pana,  Springfield  and  North* 
western  Bailroad  Company  has  been  consolidated,  in  pursu- 
ance of  an  ordinance  of  the  city  council  of  the  City  of 
Springfield,  approved  March  5th,  A.  D.  1869,  granting  the 
right  of  way  to  said  last  named  company  on  or  upon  any 
street  or  avenue  through  said  city,  have  located  their  said 
railroad  upon  Madison  street,  west  from  Third  street  and 
upon  Salome  avenue ; therefore. 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

834.  Permission  to  construct  and  operate  railroad  on  Madi- 
son street  and  Salome  avenue,  subject  to  ordinance  of  March, 
1869.]  Sec.  1.  That  consent  and  permission  is  hereby  given 
to  the  said  Springfield  and  Illinois  Southeastern  Eailway 
Company  to  construct,  maintain  and  operate  their  said  rail- 
road through  and  upon  said  Madison  street  and  Salome 
avenue,  as  the  same  has  been  located  by  said  company; 
said  road  to  be  constructed  as  aforesaid,  under  the  super- 
vision of  the  committee  on  streets  and  alleys  and  the  city 
engineer,  but  at  the  sole  expense  of  said  company,  subject 
to  all  requirements  contained  and  prescribed  in  the  said 
ordinance  of  March  the  5th,  1869,  granting  the  right  of  way 
aforesaid,  to  the  Pana,  Springfield  and  Northwestern  Eail- 
road  Company : Provided,  that  the  said  railroad  company 
shall  not  lay  any  side-track  or  switches  along  said  Madison 
street  or  Salome  avenue,  and  shall  keep  the  ties  down  to 
the  level  of  the  grade  thus  established  by  the  city  engineer, 
and  shall  fill  up  between  the  ties  so  as  not  to  impede 
travel  across  or  along  said  track : A7id,  provided,  also,  that 
nothing  herein  contained  shall  be  construed  to  prevent  said 
company  from  making  connection  with  their  private  prop- 
erty. 

835.  In  force  from  passage.]  § 2.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


376 


SPECIAL  ORDINANCES  OF 


THE  SPRINGFIELD  AND  ILLINOIS  SOUTHEASTERN,  GILMAN,  CLINTON 
AND  SPRINGFIELD,  AND  SPRINGFIELD  AND  NORTHWESTERN 
RAILWAY  COMPANIES. 


An  Okdinance  granting  the  right  of  way  to  the  Springfield  and  Illinois  South- 
eastern Railway  Company;  Gilman,  Clinton  and  Springfield  Railway  Com- 
pany, and  Springfield  and  Northwestern  Railway  Company.  [Passed 
March  11,  1871.  Approved  March  11, 1871.1 


Be  it  ordained  hy  the  City  Council  of  the  City  of  Sprmgfield: 

836.  Right  of  way  granted  to  said  companies^  on  Madison 
street,  on  certain  conditions.']  Sec.  1.  That  the  Springfield 
and  Illinois  Southeastern  Railway  company,  the  Gilman, 
Clinton  and  Springfield  Railroad  company,  and  the  Spring- 
field  and  Northwestern  Railroad  company  are  hereby  granted 
the  right  of  way  in  and  upon  Madison  street,  from  the  east 
line  of  Thirteenth  street  west  through  said  city,  and  through 
that  part  lying  east  of  Fifteenth  street  to  East  Grand  Ave- 
nue, upon  a single  track,  in  the  center  of  said  street, 
together  with  such  side  tracks  as  may  be  necessary  for  the 
successful  operation  of  said  railroads,  subject  to  the  follow- 
ing conditions : 

837.  Companies  not  released  from  liability  to  property 
holders  hy  reason  of  location  and  operation  of  road.]  § 2. 
That  the  said  railroad  companies  are  not,  by  this  ordinance, 
released  from  any  liabilities  to  property  holders  on  said 
street,  or  for  any  damage  that  may  hereafter  be  assessed  by 
reason  of  locating  and  operating  the  road  on  said  street. 

838.  Springfield  and  Illinois  Southeastern  Company  to  aban- 
don its  line  on  South  Grand  Avenue,  etc.]  § 3.  That  the 
Springfield  and  Illinois  Southeastern  Railway  Company 
abandon  their  present  line  on  South  Grand  Avenue,  and 
remove  their  track  from  said  avenue.  Said  railroad  com- 
pany shall  level  and  grade  said  avenue  where  their  track  is 
now  located,  so  as  to  leave  said  avenue  in  as  good  condition 
for  street  purposes  as  it  was  before  said  company  took 
possession  of  it. 

839.  No  depot  or  side  track  between  Siocth  and  Third 
streets,  without  permission  of  council.]  § 4.  That  no  depot, 
either  freight  or  passenger,  shall  be  constructed,  or  side  track 
laid,  between  the  west  side  of  Sixth  street  and  the  east  side 
of  Third  street,  on  said  Madison  street,  except  by  special 
permission  from  the  city  council. 


THE  CIT^  OF  SPRINGFIELD. 


377 


840.  Companies  not  to  er^ect  buildings  or  other  obstructions 
on  Madison  street.]  § 5.  That  said  companies  shall  not  erect 
any  buildings,  fences,  or  other  obstructions  within  or  upon 
the  limits  of  said  Madison  street. 

841.  To  grade,  level  and  bridge  street  on  both  sides  of  the 
track,  so  as  to  be  passable  for  teams,  etc.]  § 6.  That  said  com- 
panies shall  so  grade,  level  and  bridge  said  street  on  both 
sides  of  their  track,  so  as  to  be  conveniently  passable  for 
teams  and  carriages,  as  well  as  on  both  sides  of  each  street  or 
alley  said  track  may  cross,  and  they  shall  always  keep  the 
same  in  a good  passable  condition. 

842.  To  construct  and  keep  in  repair  crossings,  culverts 
and  ditches.]  § 7.  That  said  companies  shall  construct  and 
keep  in  repair,  suitable  crossings  for  foot  passengers.  Also 
culverts  and  ditches  for  the  complete  drainage  of  said  street. 

843.  Locomotives  and  cars  not  to  move  at  a greater  speed 
than  six  miles  an  hour.]  § 8.  That  the  locomotives,  cars, 
or  other  rolling  stock  of  said  companies,  shall  not  move 
within  the  city  limits  at  a greater  rate  of  speed  than  six 
miles  per  hour. 

844.  Grading  and  construction  of  culverts  to  be  done  under 
the  direction  of  city  engineer.]  § 9.  That  the  grade  of  said 
railroad  through  said  city  shall  be  established,  and  the  con- 
struction of  culverts,  ditches,  and  whatsoever  else  may  be 
necessary  for  the  complete  drainage  of  said  street,  shall  be 
done  and  performed  only  with  the  consent  of  the  city  council, 
and  under  the  direction  of  the  city  engineer. 

845.  The  ties  of  track  to  be  bedded  even  with  the  surface 
grade  of  Madison  street.]  § 10.  That  said  railroad  compa- 
nies shall  so  construct  and  lay  said  track,  and  so  bed  the 
ties  of  said  roads  that  the  top  of  the  ties  of  said  track  shall 
always  be  level  with  the  surface  grade  of  said  Madison  street, 
and  of  all  the  streets  and  alleys  now  intersecting  or  here- 
after to  intersect  with  said  Madison  street. 

846.  Locomotives  and  cars^  not  to  obstruct  street  or  alley 
crossings  longer  than  five  minutes.]  § 11.  That  said  railroad 
companies  shall  not  allow  any  locomotive,  cars,  or  rolling 
stock  belonging  to  them,  or  either  of  them,  or  any  other 
substance  or  thing,  whatever,  to  obstruct  any  street,  or  alley 
crossing  more  than  five  (5)  minutes  at  any  one  time,  under 
such  penalties  as  the  city  council  may  prescribe  by  ordi- 
nance. 

847.  In  case  of  the  construction  of  depot,  a roadway  to  be 
opened  forty  feet  wide  and  kept  in  repair,  etc.]  § 12.  That  said 
railroad  companies,  when  they,  or  either  of  them,  shall  con- 
struct or  purchase  any  passenger  or  freight  depot  upon  the  line 


378 


SPECIAL  ORDINANCES  OF 


of  said  Madison  street,  or  adjacent  thereto,  they  shall  open  a 
roadway  at  least  forty  (40)  feet  wide,  extending  the  whole 
length  of  the  block  or  blocks  on  which  said  depots  shall  be 
constructed  or  purchased ; said  roadway  shall  be  on  the  side 
of  said  depots  furthest  from  the  said  track,  and  running  par- 
allel with  said  Madison  street,  and  said  railroad  companies 
shall  always  keep  the  said  roadway  in  good  repair  and  pass- 
able condition  for  vehicles  and  foot  passengers,  without  any 
expense  or  charge  to  said  city,  and  that  said  roadway  shall 
always  be  deemed  and  taken  to  be  a public  highway. 

848.  Single  track  only  on  Madison  atreet,  except  at  certain 
places — roadway  on  both  sides  of  street  18  feet  tvide,  except,  etc.'] 
§ 13.  That  nothing  in  this  ordinance  contained  shall  be  con- 
strued as  to  give  said  railroad  companies,  or  either  of  them, 
any  right  to  construct  more  than  a single  track  on  said  Madi- 
son street,  except  between  the  west  side  of  Sixth  street  and 
the  west  side  of  Tenth  street ; and  between  the  west  side  of 
Sixth  street  and  the  west  side  of  Tenth  street,  said  railroad 
companies  shall  always  leave  a roadway  on  Madison  street, 
of  at  least  eighteen  (18)  feet  in  width  on  both  sides  of  any 
track  or  tracks  they  or  either  of  them  shall  lay  down  on 
said  street,  except  in  front  of  any  freight  or  passenger  depots 
of  said  railroad  companies,  or  either  of  them,  there  shall  be 
a roadway  of  sufficient  width  for  the  passage  and  re-passage 
of  vehicles. 

849.  Before  said  companies  lay  down  track  under  ordinance  i 
they  shall  procure  right  of  way  from  13th  to  15th  street,  and 
dedicate  for  street  purposes.]  § 14.  That  before  said  railroad 
companies,  or  either  of  them,  shall  lay  down  their  track  on 
said  Madison  street,  the  said  railroad  companies  or  any  one  or 
more  of  them  desiring  to  lay  down  their  track  under  the 
provisions  of  this  ordinance,  shall  procure  the  right  of  way 
on  said  street  from  Thirteenth  street  directly  east  to  Fifteenth 
street,  or  give  bond  and  security  to  the  satisfaction  of  the 
mayor  and  city  council,  that  they  will  procure  the  right  of 
way  between  Thirteenth  and  Fifteenth  streets,  under  any  law 
now  in  force,  or  hereafter  to  be  enforced,  in  relation  to  the 
right  of  way  of  the  same  width  of  Madison  street  west  of 
said  streets,  and  will  dedicate  to  the  city,  for  a street,  so 
much  of  the  track,  so  condemned  or  procured,  as  shall  not 
be  needed  for  the  purposes  of  said  road  or  roads,  for  a single 
track. 

850.  Companies  not  to  he  released  from'  payment  of  damages 
to  property.]  § 15.  That  nothing  herein  contained  shall  be 
so  construed  as  to  release  said  railroad  companies  from  the 
payment  of  any  damages  by  the  reason  of  the  taking  or  im- 
pairing of  any  property  of  the  City  of  Springfield. 


THE  CITY  OF  SPRINGFIELD. 


379 


851.  Companies  subject  to  all  ordinances  in  jorce,  or  that 
may  he  hei'eafter  passed,  relating  to  raib'oads.]  § 16.  That  in 
addition  to  the  restrictions  herein  contained,  said  railroad 
companies  shall  be  subject  to  all  ordinances  now  in  force, 
or  hereafter  to  be  passed  in  relation  to  railroads,  not  incon- 
sistent with  the  Constitution  or  laws  of  the  State  of  Illinois. 

852.  The  companies  to  pay  or  secure  to  property  holders 
any  damages  that  may  he  assessed  hy  reason  of  taking  or  dam- 
aging property.]  § 17.  Provided,  before  said  railroad  com- 
panies, or  either  of  them,  shall  lay  down  any  track  on  said 
Madison  street,  said  companies,  or  any  one  laying  down  the 
same,  shall  pay  or  tender  to  the  owners,  or  secure,  to  the 
satisfaction  of  the  mayor  of  the  city  of  Springfield,  the  pay- 
ment of  all  damages  to  property  holders  along  said  street, 
assessed  or  to  be  assessed  by  the  proper  tribunals,  by  reason 
of  the  taking  or  damaging  of  any  such  property  by  said  rail- 
road, or  either  of  them. 


An  Oedinance  amendatory  to  an  ordinance,  entitled  “An  ordinance  granting 
the  right  of  way  to  the  Springfield  and  Illinois  Southeastern  Railroad  Com- 
pany, the  Gilman,  Clinton  and  Springfield  Railway  Company,  and  the 
Springfield  and  Northwestern  Railway  Company.  [Passed  August  14,  1871. 
Approved  August  15, 1871.1 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

853.  Ordinance  of  March  11,  1871,  so  altered  that  the  con- 
ditions therein  shall  only  he  applicable  to  the  Springfield  and 
Illinois  Southeastern  Raihvay  Company .]  Sec.  1.  That  sec- 
tions first  and  third  of  an  ordinance  passed  by  the  city 
council  of  the  City  of  Springfield,  on  the  11th  day  of  March, 
1871,  and  approved  by  the  mayor  of  said  city,  on  said  day, 
and  entitled  “An  ordinance  granting  the  right  of  way  to  the 
Springfield  and  Illinois  Southeastern  Kailway  Company,  Gil- 
man, Clinton  and  Springfield  Kailway  Company,  and  the 
Springfield  and  Northwestern  Kailway  Company,”  be  and  the 
same  is  hereby  so  altered  and  modified  that  the  condition 
in  said  sections  shall  only  be  applicable  to  the  Springfield 
and  Illinois  Southeastern  Kailway  Company,  and  the  rights 
conferred  upon  the  other  two  companies  by  section  first  of 
said  ordinance,  shall  not  depend  upon  the  condition  imposed 
on  the  said  Springfield  and  Illinois  Southeastern  Kailway 
Company,  by  section  third  of  said  ordinance,  but  said  condi- 
tion in  said  section  three,  in  said  ordinance,  shall  remain  in 
full  force  as  to  the  last  named  company. 


380 


SPECIAL  ORDINANCES  OF 


An  Ordinance  amendatory  of  an  ordinance  entitled,  “An  ordinance  granting 
the  right  of  way  to  the  Springfield  and  Illinois  Southeastern  Railway  Com- 
pany, the  Gilman,  Clinton  and  Springfield  Railway  Company,  and  the 
Springfield  and  Northwestern  Railway  Company,  so  as  to  allow  the  location 
of  the  passenger  depots  of  said  railroads  between  Fifth  and  Sixth  streets. 
[Passed  September  5, 1871.  Approved  September  5, 1871.1 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

854.  Permission  to  construct  and  use  passenger  depot  on 
Madison  street.']  Sec.  1.  That  the  special  permission  of  the 
city  council  is  hereby  given  to  the  Springfield  and  Illinois 
Southeastern  Railway  Company,  the  Gilman,  Clinton  and 
Springfield  Kailroad  Company,  and  the  Springfield  and  North- 
western Eailroad  Company,  jointly,  or  to  any  one  or  more  of 
them,  to  construct  and  operate  a passenger  depot  between 
Fifth  and  Sixth  streets  of  said  city,  for  the  use  of  said  rail- 
road or  railroads,  on  Madison  street,  and.  to  lay  down  and 
use  one  side  track  only  for  that  purpose,  anything  in  any 
former  ordinance  to  the  contrary  notwithstanding:  Provided, 
that  such  side  track,  and  the  main  track  for  the  full  length 
of  such  side  track,  shall  be  planked  the  full  width  of  the 
tracks  with  three-inch  plank,  with  an  eight-inch  plank  of 
three  inches  thickness  on  the  outside  of  the  rails. 

855.  Signals — penalty.]  § 2.  All  signals  on  Madison 
street,  between  the  east  side  of  Third  street  and  west  side  of 
Tenth  street,  shall  he  made  by  bell  only ; and  any  engineer, 
fireman,  or  other  employe  or  officer  of  either  of  said  roads, 
sounding  a whistle  within  the  above  named  limits,  shall  be 
liable  to  a fine  of  fifty  ($50)  dollars  for  each  and  every  such 
offense. 

856.  When  in  force.]  § 3.  This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage. 


THE  SPRINGFIELD  AND  ILLINOIS  SOUTHEASTERN  AND  SPRINGFIELD 
AND  ST.  LOUIS  RAILROAD  COMPANIES. 


An  Ordinance  granting  the  right  of  way  to  the  Springfield  and  Illinois  South- 
eastern Railway  Company,  and  the  Springfield  and  St.  Louis  Railroad  Com- 
pany, to  a part  of  East  Grand  Avenue.  [Passed  February  6, 1872.1 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

857.  Bight  oj  way  on  East  Grand  Avenue  from  the  southern 
end  thereof  to  north  side  of  Madison  street.]  Sec.  1.  The 
Springfield  and  Illinois  Southeastern  Eailroad  Company,  and 
the  Springfield  and  St.  Louis  Eailroad  Company,  are  hereby 


THE  CITY  OF  SPRINGFIELD. 


381 


granted  the  right  of  way  over  and  upon  the  center  line  of 
East  Grand  Avenue,  in  said  city  of  Springfield,  except  at  the 
corners  near  South  Grand  Avenue  and  Madison  street,  at 
which  points  said  companies  are  granted  the  use  of  such 
portions  of  said  avenue  as  may  be  neeessary  to  make  the 
proper  curves  to  and  from  said  avenue  from  the  southern 
end  thereof,  up  to  the  north  side  of  Madison  street,  where 
said  Madison  street  intersects  said  avenue ; and  the  said 
railway  companies  are  hereby  authorized  to  construct,  main- 
tain and  operate  a single  track  for  the  use  of  both  railways 
over  and  upon  the  parts  of  said  avenue,  hereby  granted 
upon  the  following  conditions : 

858.  The  railroad  companies  not  released  from  any  legal 
liability  to  property  owners.]  § 2.  That  said  railway  compa- 
nies are  not  by  this  ordinance  released  from  any  legal  lia- 
bility to  property  owners  on  said  avenue,  or  from  any 
damages  which  may  be  legally  incident  to  said  property 
owners  by  reason  of  the  occupancy  of  said  avenue  under 
this  ordinance. 

859.  Upon  completion  of  track  on  East  Grand  Avenue, 
the  Springfield  and  Illinois  Southeastern  Co.  to  abandon  line 
on  South  Grand  Avenue.]  § 3.  Upon  the  completion  of  the 
track  of  said  railway  companies  upon  said  East  Grand  Ave- 
nue as  herein  authorized,  the  said  Springfield  and  Illinois 
Southeastern  Eailway  Company  shall  abandon  their  present 
line  of  track  on  South  Grand  Avenue,  from  where  ,they  leave 
said  last  named  avenue,  and  remove  their  present  track 
therefrom,  and  they  shall  level  and  grade  said  avenue  where 
their  track  is  now  built,  so  as  to  leave  the  said  avenue  in 
as  good  condition  for  street  purposes  as  it  was  before  said 
company  laid  their  track  thereon. 

860.  Locomotives  and  cars  not  to  move  faster  in  city  than 
authorized  by  ordinance.]  § 4.  That  the  locomotives,  cars, 
or  other  rolling  stock  of  said  companies  shall  not  move 
within  the  city  limits  at  a greater  rate  of  speed  than  is,  or 
may  be,  prescribed  by  the  ordinances  of  said  city. 

861.  To  level  and  plank  road  at  crossing  of  any  public 
highivay,  etc.]  § 5.  That  when  any  public  highway  crosses  said 
East  Grand  Avenue,  and  said  highway,  or  the  line  thereof, 
shall  be  crossed  by  the  line  of  said  railway  companies,  the 
said  companies  shall  so  level  and  place  the  ties  of  their  said 
road  and  plank  the  same,  so  as  to  afford  an  easy  and  safe 
crossing  of  their  said  railroad  track,  by  ordinary  vehicles, 
and  shall  forever  maintain  and  keep  such  crossing  in  repair. 

862.  Subject  to  all  ordinances  in  force,  or  hereafter  to  be 
passed.]  § 6.  That  in  addition  to  the  restrictions  herein 
contained,  said  railway  companies  shall  be  subject  to  all 


882 


SPECIAL  OEDINANCES  OF 


ordinances  now  in  force,  or  hereafter  to  be  enated  in  rela- 
tion to  the  running  of  railroads,  by  the  city  council  of  said 
city,  and  which  are  not  inconsistent  with  the  Constitution 
and  laws  of  the  State  of  Illinois.  ^ 

863.  Companies  to  file  acceptance  of  ordinanee  within  thirty 
days.]  § 7.  The  said  Springfield  and  Illinois  Southeastern 
Eailroad  Company,  and  said  Springfield  and  St.  Louis  Kail- 
road  Company,  or  either  of  them,  shall,  within  thirty  days 
from  the  passage  of  this  ordinance,  file  with  the  city  clerk 
a written  acceptance  of  the  same*  and  a failure  to  file  said 
acceptance  as  above  directed  shall  render  this  ordinance 
void  and  of  no  force  or  effect. 

864.  Whenever  required  by  the  council,  shall  erect  and 
maintain  crossings.]  § 8.  That  whenever  the  growth  of  the 
city  shall,  in  the  judgment  of  the  city  council,  render  cross- 
ings for  pedestrians  necessary  across  the  track  of  said  com- 
panies, on  East  Grand  Avenue,  said  companies  shall  erect 
and  forever  maintain  such  crossings. 


Acceptance  by  railway  company  of  the  foregoing  ordinance. 


Spkingfield,  III.,  Feb.  10. 1872. 
To  the  Mayor  and  City  Council  of  the  City  of  Springfield: 

Gentlemen— You  are  hereby  notified  that  the  Springfield  and  Illinois  South- 
eastern Railway  Company  accepts  the  ordinance  passed  by  your  honorable 
body  on  the  evening  of  February  G,  1872,  granting  the  said  railway  company  the 
right  of  way  on  East  Grand  Avenue  in  said  city,  irom  its  southern  end  to  Madi- 
son street,  and  they  will  proceed  to  construct  their  road  thereon,  in  accordance 
with  the  terms  of  said  grant,  as  soon  as  the  arrangements  necessary  to  that  end 
can  be  made;  and  that  they  will  comply  with  the  provisions  of  sr,id  ordinance. 

Very  respectfully  yours,  etc.. 

The  Speingeield  and  Illinois  Southeasteen  R.  W.  Co. 

By  Oeland  Smith. 

General  Superintendent. 


An  Oedinance  amending  an  ordinance  passed  February  6, 1872,  granting  to  the 
Springfield  and  Illinois  Southeastern  Railway  Company,  and  the  Springfield 
and  St.  Louis  Railroad  Company,  a right  of  way  to  a part  of  East  Grand 
Avenue.  [Passed  March  5, 1872.1 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

865.  Right  of  way  on  East  Grand  Avenue  amended.] 
Sec  1.  That  the  first  section  of  the  ordinance  above  named 
be,  and  the  same  is  hereby,  so  amended  that  the  said  rail- 
way companies,  and  either  of  them,  are  and  shall  be  author- 
ized to  lay  down  their  railroad  track,  and  maintain  and 
operate  the  said  railways  over  and  upon  said  track,  over  and 
upon  any  part  of  said  East  Grand  Avenue  not  less  than 
twenty  (20)  feet  from  the  east  line  thereof ; subject  to  all  the 


THE  CITY  OF  SPRINGFIELD. 


383 


other  provisions,  restrictions  and  limitations  in  said  original 
ordinance  above  named,  provided  and  contained.  This 
amendment  is  granted  upon  the  express  condition  that  the 
city  shall  have  the  same  right  to  Tax  the  road-bed  as  in  the 
original  ordinance. 

866.  In  force  from  passage,]  § 2.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 


An  Oedinance  in  relation  to  the  Illinois  Central  Railroad  Company.  [Passed 
February  25.  1878.  Approved  February  28. 1878.1 


Be  it  or  darned  by  the  City  Council  of  the  City  of  Springfield: 

867.  Right  of  way  given  to  cross  Seventh  and  Eighth  streets 
with  tivo  side-tracks.]  Sec.  1.  That  permission  is  hereby, 
upon  the  conditions  and  for  the  considerations  hereinafter 
mentioned,  granted  the  Illinois  Central  Eailroad  Company  to 
cross  Seventh  and  Eighth  streets  with  two  side-tracks,  as 
follows  : First,  a track  diverging  northwesterly  from  the  main 
track  of  said  company  on  Madison  street,  at  a point  not 
more  than  two  hundred  and  forty  feet  east  from  east  line  of 
Eighth  street,  crossing  said  street  at  a point  about  forty 
feet  north  of  the  intersection  of  center  lines  of  Eighth  and 
Madison  streets,  thence  across  the  south  half  of  block  six  of 
J.  and  E.  Mitchell’s  addition,  and  lots  three  and  four  of 
block  one  of  Mitchell’s  addition  to  the  city  of  Springfield, 
Illinois,  crossing  Seventh  street  at  a point  about  one  hun- 
dred and  twenty-five  feet  north  of  the  intersection  of  center 
lines  of  Seventh  and  Madison  streets.  Also,  a second  track 
diverging  from  last  mentioned  track  at  a point  west  of  and 
near  the  west  line  of  Eighth  street,  crossing  the  south  half  of 
block  six  and  lots  three  and  four  of  block  one,  above  de- 
scribed, and  crossing  Seventh  street  at  a point  north  of  the 
aforesaid  track ; but  the  north  end  of  the  ties  of  the  north 
track  shall  at  no  point  approach  nearer  than  ten  feet  to  the 
south  line  of  the  first  alley  north. 

868.  Company  to  lay  and  maintain  plank  pavement  on  7th 
and  8th  streets  hetiveen  the  lines  of  their  track — to  alloiv  no 
stock  cars  to  he  loaded  or  unloaded  on  said  side-tracks — to  make 
and  keep  in  repair  sidewalks  in  front  of  their  property,  etc.] 
§ 2.  The  permission  to  cross  said  streets  is  given  in  con- 
sideration of  and  upon  the  express  condition,  that  said  Illinois 
Central  Eailroad  Company  shall  make  and  maintain,  at  their 


384 


. SPECIAL  ORDINANCES  OF 


own  cost,  a plank  pavement  on  Seventh  and  Eighth  streets, 
from  the  south  line  of  Madison  street  to  a point  not  less 
than  forty  feet  north  of  their  most  northern  track,  said 
pavement  east  and  west  to  extend  the  whole  width  of  said 
Seventh  and  Eighth  streets  from  sidewalk  to  sidewalk;  and 
shall,  in  constructing  and  repairing  said  tracks,  conform  to 
the  grade  of  said  streets,  and  shall  allow  no  cars  loaded 
with  live  stock  to  stand,  or  be  loaded  or  unloaded  on  said 
tracks ; and  that  wherever  the  north  rail  of  the  aforesaid 
tracks  shall  approach  within  twenty  feet  of  the  nearest  line 
of  the  sidewalk  on  Madison  street,  the  said  railroad  company 
shall  acquire  the  title  to  the  property  fronting  thereon,  unless 
the  owners  thereof  shall  waive  all  objection  to  the  building 
of  said  tracks.  The  said  railroad  company  shall  also  make, 
and  at  all  times  keep  in  repair  and  unobstructed,  sidewalks, 
in  accordance  with  the  ordinances  in  relation  thereto,  adjoin- 
ing all  property  owned  or  used  by  said  railroad  company. 
And,  in  addition  to  the  restrictions  and  requirements  afore- 
said, the  said  railroad  company  shall  be  jbound  by  all  the 
restrictions,  requirements  and  provisions  of  an  ordinance  of 
the  city  council  of  the  city  of  Springfield,  entitled  “An  ordi- 
nance granting  the  right  of  way  to  the  Springfield  and 
Illinois  Southeastern  Eailway  Company,  Gilman,  Clinton  and 
Springfield  Eailway  Company,  and  Springfield  and  North- 
western Eailway  Company,”  passed  March  11,  1871,  and  the 
general  ordinances  that  are  or  may  be  passed  in  relation  to 
railroads. 

869.  Penalty  for  neglect  or  refusal  by  said  company  to  com- 
ply with  provisions  of  ordina^ice.]  § 3.  If  the  aforesaid 
Illinois  Central  Eailroad  Company,  having  availed  itself  of 
the  permission  granted  by  this  ordinance,  shall  neglect  or 
refuse  to  comply  with  any  of  the  requirements  or  restric- 
tions or  provisions  of  this  ordinance,  or  any  of  the  ordinances 
before  mentioned,  shall,  for  every  such  neglect  or  refusal,  be 
subject  to  a penalty  of  not  less  than  twenty-five  dollars; 
and  a recovery  of  said  penalty  for  any  such  neglect  or 
refusal  shall  not  be  a bar  to  any  future  prosecution  for  like 
neglect  or  refusal. 

870.  When  in  force.']  § 4.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


THE  CITY  OF  SPRINGFIELD. 


385 


OHIO  AND  MISSISSIPPI  RAILWAY  COMPANY — RIGHT  OF  WAY  FOR  SIDE- 
TRACK ON  PART  OF  WEST  MADISON  STREET. 


An  Ordinance  granting  permission  to  the  Ohio  and  Mississippi  Railway  Com- 
pany to  construct,  maintain  and  operate  a side-track  on  the  north  side  of 
their  main  track  in  Madison  street,  from  the  west  line  of  Second  street  to, 
the  west  line  of  Rutledge  street.  [Passed  May  16, 1883.  Approved  May  19 
1883.1 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

871.  The  railway  company  given  permission  to  construct 
and  maintain  side-track  on  Madison  street  from  west  line  of 
Second  to  west  line  of  liutledge  street.']  Sec.  1.  That  per- 
mission and  consent  is  hereby  given  to  the  Ohio  and  Mis- 
sissippi Railway  Company  to  construct,  maintain  and  operate 
one  side-track  on  the  north  side  of  their  main  track  in 
Madison  street,  commencing  at  a point  where  said  main 
track  crosses  the  west  line  of  Second  street,  thence  west  along 
the  north  side  of  said  main  track  to  a point  where  said  track 
crosses  the  west  line  of  Rutledge  street ; that  the  distance 
from  the  center  line  of  said  main  track  to  the  center  line  of 
said  side-track  shall  not  exceed  fourteen  feet,  so  that  the 
sidewalk  on  the  north  side  of  said  street  shall  be  twelve  feet 
in  width,  and  the  space  between  the  curbing  of  said  sidewalk 
and  the  noiTh  line  of  said  side-track  shall  not  be  less  than 
fourteen  feet. 

872.  Permissio7i  granted  subject  to  certain  conditio7is.]  § 2. 
The  permission  aforesaid  is  given  and  granted  to  said  com- 
pany subject  to  all  the  conditions  imposed  by  the  ordinance 
of  the  city  council  passed  March  11,  1871,  and  the  amend- 
ments thereto,  passed  September  5th  and  December  9th  of 
that  year,  granting  the  right  of  way  to  the  Springfield  and 
Illinois  Southeastern  Railway  Company  in  and  upon  Madison 
street  (which  said  last  named  company  is  now  known  as,  and 
operated  by,  the  company  hereinbefore  named),  and  subject 
also  to  the  following  conditions : 

First. — That  nothing  herein  contained  is  intended  to  release 
the  said  Ohio  and  Mississippi  Railway  Company  from  any 
conditions  heretofore  imposed  by  any  ordinance  relative  to 
repairing  streets  on  the  line  of  their  road  in  said  city  of 
Springfield. 

Second. — That  said  railway  company  shall  lay  a line  of 
drain-tile  along  the  north  side  of  Madison  street  from  the 
west  line  of  Second  street  to  the  sewer  opening  on  the  west 
line  of  Klein  street,  at  such  distance  from  the  curbing  on  the 
north  side  of  said  Madison  street  as  the  Street  and  Alley 
committee  of  the  city  council  may  direct ; the  tile  used  to  be 
—25 


386 


SPECIAL  ORDINANCES  OF 


not  less  than  six  (6)  inches  in  diameter,  and  the  same  when 
laid  to  form,  in  all  respects,  a suitable  drainage  for  the  north 
side  of  said  Madison  street ; and  said  company  shall  keep 
said  drain  in  good  repair. 

Third. — That  said  railway  company  shall  make  the  grade 
of  its  main  track  and  side-track  conform  to  the  grade  of 
Madison  street,  in  accordance  with  the  ordinances  now  in 
force,  or  which  may  hereafter  be  in  force,  establishing  the 
grade  of  said  Madison  street ; that  said  company  shall  grade 
that  portion  of  Madison  street  between  the  west  line  of  Second 
street  and  the  west  line  of  Klein  street  lying  between  the 
north  rail  of  said  side-track  and  the  south  line  of  the  side- 
walk on  the  north  side  of  Madison  street  up  to  a level  with 
the  grade  of  said  main  and  side-tracks,  using  for  said  pur- 
pose cinders  and  such  other  material  as  will  make  a good 
and  convenient  roadway  for  the  passage  of  vehicles,  (the 
same  to  be  subject  to  the  approval  of  the  city  council,)  and 
shall  keep  and  maintain  the  same  in  good  repair;  and  said 
company  shall  also  keep  in  good  repair  that  portion  of  Madi- 
son street  on  the  north  side  of  said  side-track,  and  the  south 
line  of  the  sidewalk  on  the  north  side  of  said  street,  be- 
tween the  west  line  of  Klein  street  and  the  west  line  of  Rut- 
ledge street. 

Fourth. — That  said  company  shall  plank  that  portion  of 
Madison  street  south  of  the  north  rail  of  their  main  track 
to  the  south  line  of  said  street  at  the  intersection  with  Second 
street,  the  full  width  of  Second  street,  with  three-inch  boards, 
and  keep  the  same  in  good  repair,  and  shall  keep  their  said 
main  and  side-tracks  on  a level  with  the  surface  of  the 
street,  so  that  such  tracks  may  be  crossed  at  any  place  on 
said  Madison  street ; and  they  shall  make  and  keep  in  repair 
proper  and  convenient  crossings,  with  necessary  approaches 
thereto,  at  the  intersection  of  the  streets  and  alleys  with 
said  Madison  street,  subject  to  the  approval  of  the  city 
council. 

Fifth. — That  said  company  shall  take  up,  within  sixty  (60) 
days  after  the  passage  of  this  ordinance,  the  side-track  now 
on  the  south  side  of  their  main  track,  between  the  west  line 
of  Third  street  and  the  west  line  of  First  street,  and  shall 
plank  that  portion  of  the  track  leading  from  main  track  to 
their  new  “freight  yard,”  and  that  portion  of  their  track  con- 
necting with  the  Chicago  and  Alton  railroad  in  Madison 
street,  making  the  south  side  of  said  Madison  street,  between 
Third  and  First  streets,  a safe  and  convenient  roadway  for 
vehicles ; the  same  to  be  approved  by  the  city  council. 

Sixth. — That  in  the  event  that  the  city  council  of  said  city 
shall,  by  ordinance,  order  any  portion  of  Madison  street,  be- 
tween the  west  line  of  Second  street  and  the  west  line  of 


THE  CITY  OF  SPRINGFIELD. 


387 


Tiutledge  street,  to  be  paved,  the  said  railway  company  shall 
pave  that  portion  of  said  Madison  street  between  the  north 
rail  of  said  side-track  and  one  foot  in  width  on  the  north 
side  of  said  north  rail  of  said  side-track  and  the  south  rail 
of  said  main  track,  and  one  foot  in  width  along  the  south 
side  of  said  south  rail  of  said  main  track,  for  such  distance 
east  and  west  in  said  Madison  street,  as  the  said  city  council 
may  by  ordinance  direct;  and  in  the  event  said  company 
should  fail  to  pave,  as  provided  by  ordinance  -aforesaid,  the 
said  city  council  may  cause  said  paving  to  be  done  in  pur- 
suance of  such  ordinance,  and  the  said  company  and  their 
assigns  shall  pay  to  the  city  of  Springfield  the  sum  expended 
for  said  paving,  with  interest,  on  demand,  and  in  default 
thereof,  said  city  may  sue  for  and  collect  the  same  in  any 
court  of  competent  jurisdiction. 

873.  In  case  of  company  failing  to  comply  with  conditions, 
the  city  council  may  revoke  the  permission  herein  granted,  etcj] 

§ 3.  In  case  the  said  railway  company,  or  their  assigns, 
shall  at  any  time  fail  or  refuse  to  comply  with  any  of  the 
foregoing  conditions,  the  permission  hereinbefore  given  to  lay 
said  side-track  in  said  Madison  street,  may  be  revoked  and 
annulled  at  the  option  of  said  city  council,  and  the  said  com- 
pany shall,  within  thirty  (30)  days  after  the  service  of  notice 
of  such  revocation,  remove  said  side-track  from  said  street, 
and  restore  the  portion  of  said  street  theretofore  occupied  by 
■said  side-track  to  the  surface  grade  of  the  remainder  of  the 
street,  so  that  the  same  may  be  conveniently  and  safely 
■traveled ; and  in  default  of  such  railway  company,  or  their 
assigns,  to  remove  said  side-track  and  restore  said  street  as 
aforesaid,  the  same  may  be  done  by  the  city  of  Springfield, 
and  the  cost  and  expense  thereof  shall  be  paid  by  said  com- 
pany, or  their  assigns,  or  recovered  by  suit,  in  the  name  of 
the  corporation,  before  any  court  of  competent  jurisdiction. 

874.  Cars  or  locomotives  not  to  stand  on  side  track,  except 
ivhen  waiting  for  passage  of  trains  on  main  track.}  § 4.  No 
cars  or  locomotives  shall  be  allowed  to  stand  on  said  side- 
track, except  when  waiting  for  the  passage  of  trains  on  the 
main  track,  and  in  no  event  shall  said  side-track  be  used 
for  switching  off  or  stationing  cars  or  engines  to  remain  for 
any  other  purpose  or  longer  time  than  to  allow  such  trains 
to  pass  on  said  main  track. 

875.  Further  conditions  and  restrictions.]]  § 5.  In  addi- 
tion to  the  conditions  and  restrictions  hereinbefore  set  forth, 
the  said  railroad  company  shall  be  subject  to  all  ordinances 
of  said  city  now  in  force,  or  which  may  hereafter  be  passed 
and  in  force,  relating  to  railroads,  and  not  inconsistent  with 
the  Constitution  and  laws  of  the  State  of  Illinois. 


388 


SPECIAL  ORDINANCES  OF 


876.  When  ordinance  to  take  effect.]  § 6.  This  ordinance 
shall  take  effect  and  be  in  force  from  and  after  its  accept- 
ance by  said  railroad  company,  which  acceptance  shall  be 
in  writing,  and  shall  be  communicated  to  the  city  council 
of  said  city  within  twenty  days  from  the  passage  hereof, 
and  be  entered  upon  the  journal  of  said  council. 


Acceptance  oj'  the  foregoing  ordinance,  by  railway  company: 


Ohio  and  Mtssissippi  Railway  Co., 
Division  Sup’t’s  OiYice, 

St.  Louis,  May  19, 1883. 

To  the  Honorable  Mayor  and  City  Council  of  Springfield,  111.: 

In  accordance  with  Section  6 of  an  ordinance  passed  and  approved  May  19th, 
giving  permission  for  the  Ohio  and  Mississippi  Railway  Co.  to  lay  a side  track 
on  the  north  side  of  its  main  track,  in  Madison  street,  between  Second  and 
Rutledge  streets,  is  hereby  accepted,  subject  to  the  conditions  of  said  ordi- 
nance. 

Yours  truly, 

C.  M.  STANTON. 

Div.  Sup’t  Oaio  and  Miss.  R.  R.  Co 


HORSE  RAILWAYS. 


SPRINGFIELD  CITY  RAILWAY  COMPANY. 

An  Act  to  promote  the  construction  of  horse  railways  in  the  City  of  Springfield. 

[Approved  February  18,  1861.— See  Private  Laws  of  1861,  page  343.] 

877.  Corporation  created— power  and  authority.]  Sec.  1. 
Be  it  enacted  by  the  People  of  the  State  oj  Illinois,  represented 
in  the  General  Assembly:  That  Jacob  Bunn,  John  T.  Stuart, 
Stephen  T.  Logan,  Benjamin  S.  Edwards,  Christopher  C. 
Brown,  Thomas  S.  Mather  and  George  Carpenter,  and  their 
successors,  are  hereby  created  a body  politic  and  corporate, 
by  the  name  of  “The  Springfield  City  Railway  Company,’' 
for  the  term  of  fifty  years,  with  all  the  powers  and  authority 
incident  to  corporations,  for  the  purposes  hereinafter  men- 
tioned. 

878.  May  construct  and  operate  railways  on  streets  and 
highways.]  § 2.  The  said  corporation  is  hereby  authorized 
and  empowered  to  construct,  maintain  and  operate  a single 
or  double  track  railway,  with  all  necessary  and  convenient 
tracks,  for  turnouts,  side-tracks  and  appendages,  in  the 


THE  CITY  OF  SPRINGFIELD. 


889 


City  of  Springfield,  and  in,  on,  over  and  along  such  street 
or  streets,  highway  or  highways,  within  the  present  or  future 
limits  of  the  City  of  Springfield. 

879.  Capital  stock — issue  and  transfer.']  § 3.  The  capital 
stock  of  said  corporation  shall  be  fifty  thousand  dollars,  and 
may  be  increased  from  time  to  time,  at  the  pleasure  of  said 
corporation.  It  shall  be  divided  into  shares  of  fifty  dollars 
each,  and  be  issued  and  transferred  in  such  manner,  and 
upon  such  conditions,  as  the  board  of  directors  of  said  cor- 
poration may  direct. 

880.  Board  of  directors — appointment  and  authority.]  § 4. 
All  the  corporate  powers  of  said  corporation  shall  be  vested 
in,  and  exercised  by,  a board  of  directors,  and  such  officers 
and  agents  as  said  board  of  directors  shall  appoint.  The 
first  board  of  directors  shall  consist  of  J.  Bunn,  J.  T.  Stuart, 
S.  T.  Logan,  B.  S.  Edwards,  C.  C.  Brown,  T.  S.  Mather, 
and  George  Carpenter ; and  thereafter  of  not  less  than  three 
nor  more  than  seven  stockholders,  who  shall  be  chosen  each 
and  every  year,  by  the  stockholders,  at  such  time  and  in 
such  manner  as  the  said  corporation  shall,  by  its  laws,  pre- 
scribe. The  said  directors  shall  hold  their  office  until  their 
successors  are  elected  and  qualified,  and  may  fill  any  vacancy 
which  may  happen  in  the  board  of  directors,  by  death,  resig- 
nation, or  otherwise.  They  may  also  adopt  such  by-laws, 
rules  and  regulations,  for  the  government  of  said  corporation, 
and  the  management  of  its  affairs  and  business,  as  they 
may  think  proper,  not  inconsistent  with  the  laws  of  this 
State. 

881.  Raihvays  may  he  extended — taking  property  therefor.] 
§ 5.  The  said  corporation  is  hereby  authorized  to  extend  the 
said  several  railways,  herein  authorized  to  be  built,  in  the 
manner  aforesaid,  to  any  point  or  points  within  the  county 
of  Sangamon,  in  this  State ; and  to  enable  said  corporation 
to  construct  any  or  all  of  the  railways  herein  authorized,  or 
their  appendages,  the  said  corporation  is  hereby  vested  with 
power  to  take  and  apply  private  property  for  the  purpose, 
and  in  the  manner  prescribed  by  an  act  entitled  “An  act  to 
amend  the  law  condemning  right  of  way,  for  purposes  of 
internal  improvement,”  approved  June  22,  1852,  and  the 
several  acts  amendatory  thereof;  and  may  exercise  all  the 
powers  conferred  upon  railroad  corporations  by  the  25th  and 
26th  sections  of  “An  act  to  provide  for  a general  system  of 
railroad  incorporations,”  approved  November  5th,  1849,  ascer- 
taining and  making  recompense  for  all  damages  sustained, 
agreeable  to  the  provisions  of  the  act  hereinbefore  first 
mentioned,  v 

882.  May  use  any  highway  in  the  county.]  § 6.  The  said 
corporation  is  hereby  authorized  to  lay  down  and  maintain 


390 


SPECIAL  ORDINANCES  OF 


its  said  railway  or  railways,  in,  upon,  over  and  along  any 
common  highway  in  said  county,  but  in  such  manner  as  not 
to  obstruct  the  common  travel  of  the  public  over  the  same. 
In  all  cases,  when  vehicles  shall  meet  the  cars  or  carriages 
of  said  railways,  either  in  the  city  or  county,  said  vehicles 
shall  give  way  to  the  cars  or  carriages  on  the  railway ; and 
the  said  corporation  may  take,  hold,  mortgage  and  convey 
real  estate. 

883.  This  act  a public  act,  etc.]  § 7.  This  act  shall  be 
deemed  a public  act,  and  noticed  by  all  courts  as  such  with- 
out i pleading,  and  shall  take  effect  from  its  passage. 


An  Oedinance  authorizing  the  Springfield  City  Horse  Railway  Company  to 

construct  a road  from  Market  street  on  Fifth  or  Sixth  streets  to  Oak  Ridge 

Cemetery.  [Passed  March  28,  1866.  Approved  March  29,  1866.1 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

884.  Company  authorized  to  construct  a track  to  Oak  Ridge 
Cemetery.]  Sec.  1.  The  Springfield  Horse  Eailway  Company 
is  hereby  authorized  to  construct,  maintain  and  operate  a 
double  or  single  track  railway,  to  be  worked  by  horse  power, 
only,  from  Market  street  on  Fifth  or  Sixth  street,  thence 
north  to  Jefferson  on  Sixth  street,  thence  west  on  Jefferson 
to  Fifth,  thence  north  on  Fifth  or  Sixth  streets  to  Grand 
Avenue,  and  thence  to  Oak  Ridge  Cemetery.  Said  company 
to  elect  which  route  they  will  take,  and  file  said  election 
with  the  city  clerk  within  sixty  days. 

885.  Track  to  be  laid  even  with  the  grade  of  streets,  etc. — 
to  be  kept  in  good  repair.]  § 2.  The  track  of  said  railway 
shall  be  laid  on  a grade  even  with  the  grade  of  the  street 
through  ’which  it  may  pass,  and  so  that  the  free  flow  of 
water  in  the  lateral  and  cross  gutters  is  not  thereby  ob- 
structed, and  the  space  between  the  tracks  or  rails,  and  for 
one  foot  outside  of  the  rails  shall  be  kept  in  good  repair  by 
said  company,  so  as  not  to  obstruct  the  passing,  crossing  or 
traveling  of  said  street  by  other  vehicles. 

886.  Rights  reserved  by  city — removal  of  track  for  improve- 
ments in  streets.]  § 3.  The  City  of  Springfield  reserves  the 
right  to  take  up  and  remove  the  rails  of  said  company, 
whenever  it  shall  be  necessary  for  the  repair  and  improve- 
ment of  the  streets,  or  for  the.  laying  of  water  or  gas  pipes, 
or  for  the  construction  of  sewers,  or  for  other  purposes,  on 
the  streets  on  which  said  roads  may  be  laid,  and  such  im- 
provements shall  be  made  by  the  city  without  unnecessary 
delay,  and  the  track  shall  be  taken  up  and  relaid  by  said 
company  at  their  own  cost  and  expense. 


THE  CITY  OF  SPRINGFIELD. 


391 


887.  Grading — ivater  courses — planking  and  street  crossings 
to  he  re-laid.]  § 4.  Said  company  shall  do  all  the  necessary 
grading  in  order  to  make  their  track  conform  to  the  grade 
of  the  street,  and  shall  construct  water  courses  wherever  it 
may  become  necessary  from  the  laying  of  said  railway.  Said 
water  courses  shall  be  constructed  according  to  the  plans 
furnished  by  the  city  engineer.  Said  company  shall  relay  all 
planking  and  street  crossings,  and  leave  the  planking  in  as 
good  repair  as  it  was  before  being  removed. 

888.  Liability  of  company  for  damages.]  § 5.  The  said 
railway  company^  shall,  in  all  cases,  be  legally  liable  for  all 
injuries  and  damages  resulting  to  any  person  through  care- 
lessness or  negligence  of  any  person  operating  or  employed 
on  said  road. 

889.  Subject  to  all  ordinances  hereafter  passed.]  § 6.  Said 
company  shall  be  subject  to  all  existing  ordinances,  and 
also  to  all  ordinances  that  may  hereafter  be  passed,  concern- 
ing street  railroads. 

890.  Other  rights  reserved  hy  city.]  § 7.  The  City  of 
Springfield  reserves  the  right  to  construct  railways  upon 
such  streets  or  avenues,  or  may  cross  any  of  the  streets  or 
avenues,  upon  which  said  company  is  hereby  authorized  to 
build  a road. 

891.  How  road  to  he-  constructed  and  operated.]  § 8.  The 
gauge  of  said  track  of  said  railway  shall  be  five  (5)  feet  two 
inches,  and  the  rail  used  in  the  construction  of  said  track 
shall  be  the  T rail,  and  shall  be  maintained  in  good  order 
and  repair  by  said  company,  and  be  operated  at  all  reason- 
able times,  for  the  use  of  the  public,  and  each  passenger 
.may  be  required  to  pay  a fare  not  exceeding  ten  (1C)  cents, 
from  Market  street  to  Oak  Kidge  Cemetery. 

892.  In  force  twenty-five  years.]  § 9.  This  ordinance 
shall  be  and  remain  in  force  twenty-five  years  from  and  after 
its  approval. 


CAPITAL  HORSE  RAILWAY. 

An  Ordinance  to  authorize  a horse  railway.  [Passed  August  7, 1865.1 

Be  it  ordained  hy  the  City  Council  of  the  (City  of  Springfield: 

893.  Certain  persons  authorized  to  build  a railway  on  cer- 
tain streets.]  Sec.  1.  There  is  hereby  granted  to  Jesse  K. 
Dubois,  John  Williams,  D.  L.  Phillips,  Edward  L.  Baker, 


392 


SPECIAL  ORDINANCES  OF 


John  T.  Smith,  Alexander  Starne,  J.  S.  Bradford,  A.  W. 
French,  A.  Schwartz,  Thomas  J.  Dennis,  George  W.  Shutt, 
James  Brown,  Michael  Doyle,  Daniel  Morse,  H.  B,  Ives  & 
Son,  Hill  & Hughes,  Charles  H.  Lanphier,  B.  F.  Stevenson, 
J.  W.  Smith,  S.  M.  Cullom,  Erastus  Wright,  and  such  other 
persons  as  may  hereafter  become  associated  with  them,  and 
to  their  executors,  administrators  and  assigns,  permission, 
authority  and  consent  of  the  city  council  of  the  city  of 
Springfield,  to  lay  a single  or  double  track  for  a railway, 
with  all  the  necessary  and  convenient  tracks  for  turnouts, 
side-tracks  and  _ switches,  in  the  . following  streets  in  said 
city,  to-wit : Monroe  street  west  of  Sixth,  Walnut  street, 
and  Governor  street,  to  the  city  limits. 

894.  Grade — not  to  he  changed,  etc.]  § 2.  The  said  rail- 
way is  to  be  constructed  on  such  grade  as  shall  be  estab- 
lished by  said  city,  on  the  streets  named  in  this  ordinance, 
which  said  grade  shall  not,  during  the  continuance  of  said 
railway,  be  altered  or  changed,  at  the  cost  or  damage  of 
said  company. 

895.  Track  to  he  laid  to  surface  of  street.  § 3.  The  track 
of  said  railway  shall  not  be  elevated  above  the  surface  of  the 
street,  and  shall  be  so  laid  that  carriages  and  vehicles  pan 
easily  and  freely  cross  said  track  at  any  and  all  points 
thereof,  with  the  least  obstruction  possible. 

896.  Rate  of  fare  fixed.]  § 4.  The  rates  of  fare  for  any 
distance  within  one  and  a half  miles  shall  not  exceed  ten 
cents ; the  rates  of  fare  to  be  regulated  by  said  railway  com- 
pany. 

897.  Rights  herein — how  forfeited.]  § 5.  The  rights  and 
privileges  granted  by  virtue  of  this  ordinance  to  said  rail- 
way company,  shall  be  forfeited  to  the  city  unless  the  con- 
struction of  said  railway  shall  be  commenced  within  six 
months,  and  fully  completed  within  one  year  from  the  pas- 
sage hereof,  unless  the  city  council  shall  extend  the  time. 


An  Okdinance  amendatory  of  the  ordinance  allowing  the  rights  of  way  to  the 
Capital  Horse  Railway  Company.  [Passed  November  6, 1865.J 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

898.  Right  of  way  on  east  Monroe  street.]  Sec.  1.  That  the 
ordinance  in  relation  to  the  Capital  Eailway  Cornpany,  allow- 
ing said  company  the  right  of  way  over  certain  streets  in 
the  city,  passed  August  7,  1835,  be  so  amended  as  to  grant 
said  company  the  right  of  way  over  and  upon  Monroe  street 
to  its-  eastern  limits. 


THE  CITY  OF  SPRINGFIELD. 


393 


citizens’  street  railway. 


An  Okdinance  authorizing  the  construction  of  the  Citizens’  Street  Railway  and 
Improvement  Company.  [Passed  April  1,  1879.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Spidngfield : 

899.  Permission  to  construct  a railway  on  certain  7iamed 
streets.]  Sec.  1.  There  is  hereby  granted  to  J.  H.  Schuck, 
Henson  Eobinson,  0.  F.  Stebbins,  Frank  Eeisch,  J.  N. 
Eeece,  Jonathan  E.  K.  Herrick,  A.  H.  Saunders,  and  such 
other  persons  as  may  hereafter  become  associated  with  them, 
to  be  known  as  the  Citizens’  Street  Eailway  and  Improve- 
ment Company,  and  to  their  executors,  administrators  and 
assigns,  permission,  authority  and  consent  of  the  city  council 
of  the  city  of  Springfield  to  lay  a track  for  a street  railway, 
with  all  the  necessary  turnouts,  side-tracks  and  switches,  to 
operate  the  same  over  and  upon  the  following  streets  of  said 
city:  commencing  at  the  intersection  of  Second  street  and 
South  Grand  Avenue,  and  running  thence  north  on  Second 
street  to  Capitol  avenue,  thence  east  on  Capitol  avenue  to 
Sixth  street,  thence  north  on  Sixth  street  to  Washington 
street,  thence  east  on  Washington  street  to  Ninth  street, 
thence  north  on  Ninth  street  to  North  Grand  Avenue,  thence 
west  on  North  Grand  Avenue  to  Eighth  street.  Also,  east 
on  North  Grand  Avenue  to  the  center  line  of  Eleventh  street, 
continued.  [As  amended  by  ordinance  passed  June  6,  1879. 

900.  Rights  of  Company — hoio  forfeited.]  § 2.  The  rights 
and  privileges  granted  to  the  Citizens’  Street  Eailway  and 
Improvement  Company,  to  control  and  operate  said  street 
railway  over  and  upon  said  streets,  shall  be  forfeited  to  the 
city  of  Springfield  unless  said  company  shall  commence  the 
construction  of  said  street  railway  within  ninety  days,  and 
fully  complete  and  operate  the  same  within  one  year  from 
the  date  of  the  passage  of  this  ordinance,  unless  the  city 
council  shall,  by  ordinance,  extend  the  time. 

901.  Permission  to  build  railway  on  certam  other  st7wets.] 
§ 3.  Permission,  authority  and  consent  is  also  given  to  the 
Citizen’s  Street  Eailway  Company  to  construct  a track  for  a 
street  railway,  with  all  the  necessary  turnouts,  side-tracks 
and  switches,  to  operate  the  same  over  and  upon  the  follow- 
ing streets : commencing  at  the  junction  of  Eleventh  street 
and  South  Grand  Avenue,  running  thence  north  on  Eleventh 
street  to  Washington  street,  thence  west  on  Washington 
street  to  Fourth  street,  thence  north  on  Fourth  street  to  Jef- 
ferson street,  thence  west  on  Jefferson  street  to  First  street. 


394 


SPECIAL  ORDINANCES  OF 


thence  north  on  First  street  to  Mason  street,  thence  west  on 
Mason  street  to  Eutledge  street,  thence  north  on  Eutledge 
street  to  North  Grand  Avenue,  thence  east  on  North  Grand 
Avenue  to  Monument  street. 

902.  Rights — when  to  he  forfeited.']  § 4.  The  rights  and 
privileges  granted  to  the  Citizens’  Street  Eailway  and  Im- 
provement Company  to  construct  aod  operate  said  street 
railway  over  and  upon  said  streets,  as  provided  for  in  sec- 
tion 3 of  this  ordinance,  shall  be  forfeited  to  the  city  of 
Springfield,  unless  said  company  shall  commence  the  con- 
struction of  said  street  railway  within  six  months,  and  fully 
complete  and  operate  the  same  within  eighteen  months  from 
the  date  of  the  passage  of  this  ordinance,  unless  the  city 
council  shall,  by  ordinance,  extend  the  time. 

903.  Company  to  give  five  days'  notice  to  the  Mayor,  etc.] 
§ 5.  That  before  occupying  or  using  any  street  of  said  city 
for  the  purpose  aforesaid,  the  proper  officers  of  said  street 
railway  company  shall  give  at  least  five  days’  notice  thereof, 
in  writing,  to  the  mayor  and  city  supervisor. 

904.  Track  to  he  laid  even  ivith  the  grade  of  the  street,  etc.] 
§ 6.  The  track  of  said  street  railway  shall  be  laid  on  a 
grade  even  with  the  grade  of  the  streets  or  highways  through 
and  over  which  it  may  pass,  so  that  the  free  flow  of  water 
in  the  lateral  and  cross  gutters  is  not  obstructed,  and  shall 
in  all  other  respects  conform  to'  the  grade  of  the  street  at 
the  time  the  track  is  laid,  or  may  hereafter  be  established 
by  the  city  of  Springfield ; and  the  track  shall  not  be  ele- 
vated above  the  surface  of  the  street ; and  said  street  railway 
company  shall,  at  all  times,  keep  in  good  repair  and  condi- 
tion all  portions  of  any  streets  or  highways  over  which  they 
may  pass. 

905.  Gauge  of  track — kind  of  rail  to  he  used — rate  of  fare.] 
§ 7.  The  gauge  of  said  track  of  said  street  railway  com- 
pany shall  be  3 feet  5 inches,  and  the  rail  used  in  the 
construction  of  said  track  shall  be  the  T or  flat  rail,  and 
said  railway  shall  be  kept  in  good  order  and  repair  by  said 
company,  and  shall  be  operated  at  all  reasonable  times  for 
the  use  of  the  public;  and* each  passenger  may  be  required 
to  pay  a fare  of  not  exceeding  five  cents : Provided,  the 
said  company  shall  use  the  flat  rail  only  on  streets  now 
paved,  or  that  may  hereafter  be  paved  by  the  city. 

906.  Length  of  cross-ties — track  to  he  planked.]  § 8.  The 
cross-ties  used  in  the  construction  of  said  track  shall  not 
extend  over  twelve  inches  on  the  outside  of  each  rail,  except 
on  Washington  street  between  Sixth  and  Ninth  streets,  and 


THE  CITY  OF  SPRINGFIELD. 


395 


the  track  shall  be  planked  solid  between  the  rails,  and  on 
the  outside  of  the  rails  to  the  ends  of  the  cross-ties,  with 
two  and  one-half  (2J)  inch  plank,  so  as  not  to  obstruct  the 
passing,  crossing  or  traveling  of  said  street  by  other  vehicles. 

907.  Rights  reserved  hij  the  city.']  § 9.  The  City  of  Spring- 
field  reserves  the  right  to  take  up  and  remove  the  track  of  said 
company  whenever  it  shall  be  necessary  for  the  repair  and 
improvement  of  the  streets,  or  for  the  laying  of  water  or  gas 
pipes,  or  for  the  construction  of  sewers,  or  for  other  pur- 
poses, on  the  streets  on  which  said  tracks  may  be  laid,  and 
such  improvements  shall  be  made  by  the  city  without  un- 
necessary delay,  and  the  track  shall  be  taken  up  and  relaid 
by  the  said  company  at  their  own  cost  and  expense. 

908.  Company  to  do  necessary  grading,  etc. — culverts  and 
ditches.]  § 10.  Said  company  shall  do  all  the  necessary 
grading  in  order  to  make  their  tracks  conform  to  the  grades 
of  the  streets,  and  shall  construct  and  keep  in  good  repair 
sufficient  and  suitable  ditches  and  culverts,  wherever  they 
may  be  necessary  from  the  laying  of  said  railway;  said 
grading  and  construction  of  culverts  and  ditches  shall  be  done 
according  to  the  plans  and  under  the  supervision  of  the  city 
engineer;  said  company  shall  relay  all  planking  and  street 
crossings,  and  leave  the  planking  in  as  good  repair  as  it  was 
before  being  removed. 

909.  Liable  for  injuries  and  damages.]  § 11.  The  said 
railway  company  shall,  in  all  cases,  be  legally  liable  for  all 
injuries  and  damages  resulting  to  any  person  through  care- 
lessness or  negligence  of  any  person  operating  or  employed 
on  said  road ; also  for  all  the  damages  to  private  property 
from  the  use  and  occupancy  of  any  street  so  used  or  occupied 
by  them  for  the  purpose  aforesaid. 

910.  Subject  to  all  ordinances.]  § 12.  Said  company  shall 
be  subject  to  all  ordinances  of  the  city  council  heretofore 
passed,  and  also  to  all  ordinances  that  may  be  hereafter 
passed  concerning  streets  and  street  railroads. 

911.  Right  reserved  by  city  to  construct  raihvays.]  § 13. 
The  City  of  Springfield  reserves  the  right  to  construct  rail- 
ways on  such  streets  or  avenues,  or  may  cross  any  of  the 
streets  or  avenues  upon  which  said  company  is  hereby 
authorized  to  build  a road. 

912.  Company  not  to  obstruct  street,  etc.]  § 14.  Nor  shall 
said  street  railway  company,  in  laying  down  its  track,  side- 
tracks, turnouts  or  switches,  unnecessarily  obstruct  any  street, 
alley  or  sidewalk,  for  an  unreasonable  length  of  time. 


396  SPECIAL  ORDINANCES  OF 

913.  Company  to  notify  city  council  of  their  acceptance  of 
ordmance.]  § 15.  The  Citizens’  Street  Railway  and  Im- 
provement Company  shall,  before  proceediug  to  act  under 
this  ordinance,  notify  the  city  council  of  their  acceptance 
thereof,  in  writing,  which  shall  be  entered  in  full  upon  the 
journal  of  the  city  council. 

914.  Crossings  and  street  pavements,  when  removed  to  he 
replaced,  etc.]  § 16.  Said  railway  company  shall  replace  any 
and  all  crossings  and  street  pavements,  disturbed,  injured  or 
removed  for  the  purpose  of  laying  or  repairing  their  tracks, 
in  as  good  condition  as  the  same  was  before  such  disturb- 
ance, injury  or  removal,  and  shall  keep  and  maintain  such 
street  pavement  and  crossing  between  the  rails  of  its  track, 
and  for  the  space  of  twelve  inches  outside  of  said  rails, 
where  such  crossings  are  now  or  hereafter  shall  be  laid  or 
put  down  by  the  city,  in  good  repair. 

915.  Penalty.]  § 17.  Said  company  shall  be  liable  to  a 
penalty  of  twenty-five  dollars  for  any  violation  or  disregard 
of  the  provisions  of  this  ordinance,  and  the  recovery  of  one 
fine  shall  be  no  bar  to  a recovery  for  further  violation  or 
disregard  as  aforesaid. 

916.  Ordinajice  to  remain  in  force  tiventy-five  years — unless, 
etc.]  § 18.  This  ordinance  shall  be  and  remain  in  force 
tw^enty-five  years  from  and  after  its  approval,  unless  said 
street  railway  company  shall  violate  any  of  the  provisions  of 
this  ordinance,  when  the  city  may,  in  their  discretion,  de- 
clare said  rights  and  privileges  forfeited;  and  the  notice  in 
writing  by  said  company  to  the  city  council  of  their  accept- 
ance hereof,  shall  be  a full  consent  of  said  company  to  all 
the  provisions  of  this  ordinance. 

917.  Planking — double  track  on  Washington  street.]  § 19. 
Said  company  shall  plank  Washington  street  from  Sixth  to 
Tenth  streets,  with  two  and  one-half  inch  (2J)  plank,  within 
18  inches  on  the  outside  of  each  rail,  unless  said  com- 
pany puts  down  double  track  between  said  streets. 


Acceptance  by  the  company  of  foregoing  ordinance: 


City,  April  ‘6, 1879. 

To  the  Honorable  Mayor  and  City  Council  of  Springfield: 

As  president  of  the  corporation  of  the  Citizens’  Street  Railway  and  Improve- 
ment Company,  I hereby  accept  the  ordinance  passed  by  the  City  Council  of 
Springfield,  April  2,  LlJ  1879.  ^ „ 

J.  H.  SCHUCK, 

President. 


THE  CITY  OF  SPRINGFIELD. 


397 


An  Ordinance  to  amend  an  ordinance  entitled  “An  ordinance  authorizing  the 

construction  of  the  Citizens’  Street  Railway  and  Improvement  Company.” 

Passed  April  1, 1879.  [Passed  April  7, 1880.1 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

918.  Sec.  1.  That  an  ordinance  entitled  “An  ordinance 
authorizing  the  construction  of  the  Citizens’  Street  Kailway 
and  Improvement  Company,”  passed  April  1,  1879,  and 
amended  June  6th,  1879,  be,  and  the  same  is  hereby,  amended 
by  adding  thereto  the  following  sections : 

919.  Right  of  way  granted  on  parts  of  certain  streets.'] 
§ 2.  The  right,  authority  and  consent  of  the  city  council  of 
the  city  of  Springfield  is  hereby  given  to  said  Citizens’  Street 
Kailway  and  Improvement  Company  to  lay  a track  for  a 
street  railway,  with  the  necessary  turnouts,  side-tracks  and 
switches,  and  to  operate  the  same  over  and  upon  the  follow- 
ing streets  of  said  city,  to-wit : commencing  at  the  intersec- 
tion of  Washington  and  Fourth  streets,  and  running  thence 
west  on  Washington  street  to  Second  street,  thence  north  on 
Second  street  to  Carpenter  street,  thence  west  on  Carpenter 
street  to  Kutledge  street,  thence  north  on  Kutledge  street  to 
North  Grand  Avenue,  and  thence  west  on  North  Grand 
Avenue  to  Bond  street.  Also,  commencing  at  the  intersec- 
tion of  Second  and  Fdwards  streets,  and  running  thence 
west  on  Edwards  street  to  Spring  street,  thence  south  on 
Spring  street  to  South  Grand  Avenue,  and  thence  east  on 
South  Grand  Avenue  to  Second  street. 

920.  Twie  extended  to  complete  railway.]  § 3.  The  time 
within  which  said  Citizens’  Street  Kailway  and  Improvement 
Company  shall  begin  the  construction  and  put  into  opera- 
tion the  unbuilt  and  uncompleted  lines  or  divisions  of  said 
street  railway,  in  said  city,  is  hereby  extended  to  one  year 
from  and  after  the  passage  of  this  ordinance. 

921.  Subject  to  the  provisions  of  prior  ordinances.]  § 4. 
This  ordinance,  except  as  hereinbefore  otherwise  provided, 
shall  be  subject  to  all  the  provisions  and  conditions  of  the 
ordinance  to  which  it  is  an  amendment,  and  to  all  ordi- 
nances of  a general  nature,  in  force,  in  relation  to  horse  or 
street  railways. 

922.  Take  effect  from  passage.]  § 5.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


398 


SPECIAL  ORDINANCES  OF 


An  Ordinance  granting  the  right  of  way  to  the  Citizens’  Street  Railway  Com- 
pany on  certain  streets  therein  named.  [Passed  September  16,  1881.  Ap- 
proved September  16. 1881.1 

Whereas,  The  Citizens’  Street  Kailway  Company,  (hereto- 
fore known  as  “The  Citizens’  Street  Railway  and  Improve- 
ment Company,”)  after  giving  the  notice  required  by  law, 
have  petitioned  the  mayor  and  city  council  of  the  city  of 
Springfield  to  grant  to  said  company  the  right  to  locate, 
construct  and  operate  a horse  railroad  upon  Second  street, 
from  Edwards  street  south  to  South  Grand  Avenue ; also, 
on  Edwards  street,  from  Second  street  west  to  Walnut 
street,  and  thence  south  on  Walnut  street  to  South  Grand 
Avenue,  in  said  city;  therefore. 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

923.  The  company  authorized  to  construct  and  operate  a 
road  on  parts  of  certain  streets. ']  Secu  1.  That  the  right, 
authority  and  consent  of  the  city  council  of  the  city  of 
Springfield  is  hereby  given  to  the  Citizens’  Street  Railway 
Company  to  locate,  construct  and  operate  a horse  or  street 
railroad,  with  the  necessary  side-tracks,  turnouts  and  switches, 
upon  and  along  the  following  streets  or  parts  of  streets,  in 
said  city,  to-wit : commencing  at  the  intersection  of  Second 
and  Edwards  streets,  thence  south  on  Second  street  to  South 
Grand  Avenue ; also,  on  Edwards  street,  from  Second  street 
west  to  Walnut  street,  and  thence  south  on  W^alnut  street 
to  South  Grand  Avenue. 

924.  Bights  and  privileges — how  forfeited.]  § 2.  The 
rights  and  privileges  herein  granted  to  the  Citizens’  Street 
Railway  Company  shall  become  forfeited  to  the  city,  unless 
said  company  shall  commence  the  construction  of  said  rail- 
road on  Second  street,  and  fully  complete  the  same,  within 
one  year,  and  on  Edwards  and  Walnut  streets  within  eighteen 
months,  from  the  passage  of  this  oidinance:  Provided,  that 
the  city  counci]  may,  by  ordinance,  extend  the  time. 

925.  Company  to  give  notice  of  acceptance,  etc.]  § 3.  The 
said  company  shall,  before  proceeding  to  act  under  this  or- 
dinance, notify  the  city  council,  in  writing,  of  their  accept- 
ance thereof,  which  notice  shall  be  filed  with  the  city  clerk, 
and  entered  in  full  upon  the  journal  of  the  city  council. 

926.  Track  to  he  laid  even  with  the  grade  of  streets.] 
§ 4.  The  track  of  said  horse  railroad  shall  be  laid  on  a 
grade  even  with  the  grade  of  the  streets  through  and  over 
which  it  may  pass,  so  that  the  free  flow  of  water  in  the 
lateral  and  cross  gutters  is  not  obstructed,  and  shall,  in  all 
other  respects,  conform  to  the  grade  of  the  streets,  as  given 
by  the  city  engineer  at  the  time  of  the  laying  of  the  track, 


THE  CITY  OF  SPRINGFIELD. 


399 


or  which  may  hereafter  be  established  by  the  City  of  Spring- 
field  ; and  said  track  shall  not  be  elevated  above  the  surface 
of  the  street. 

927.  Gauge  of  track — rail — cross-ties — planking.]  § 5.  The 
gauge  of  the  track  of  said  railroad  shall  be  not  less  than 
three  feet  six  inches,  and  the  rail  used  in  the  construction 
of  said  track  shall  be  the  T rail,  — or  the  tram  rail,  if  said 
company  should  so  elect.  The  cross-ties  used  in  the  con- 
struction of  said  track  shall  not  extend  over  twelve  inches 
on  the  outside  of  each  rail,  and  the  track  shall  be  planked 
solid  between  the  rails,  and  for  not  less  than  eight  inches 
on  the  outside  of  the  rails,  with  two  (2)  inch  oak  plank,  so 
as  not  to  obstruct  the  passing,  crossing  or  travel  of  said 
streets  by  other  vehicles. 

928.  Company  to  do  necessary  grading — make  ditches  and 
culverts — relay  crossings.]  § 6.  The  said  company  shall  do 
all  necessary  grading  in  order  to  make  their  tracks  conform 
to  the  grade  of  the  streets,  and  shall  construct  and  keep  in 
good  repair  suitable  ditches  and  culverts,  wherever  they  may 
be  necessary  from  the  laying  of  said  railroad,  the  said  grading 
and  construction  of  culverts  and  ditches  to  be  done  under 
the  supervision  of  the  city  engineer ; and  said  company  shall 
relay  all  planking  and  street  crossings,  and  leave  the  same 
in  as  good  condition  as  before  removal and  said  company, 
in  laying  its  track,  side-tracks  and  switches  shall  not  un- 
necessarily obstruct  any  street,  alley  or  sidewalk,  nor  for  an 
unreasonable  length  of  time. 

929.  Hoiv  road  to  he  operated — rate  of  fare.]  § 7.  Said 
company  shall  keep  said  railroad  in  good  order  and  repair, 
and  shall  operate  the  same  at  all  reasonable  times  for  the 
use  of  the  public,  and  may  require  each  passenger  to  pay  a 
fare  of  not  exceeding  five  cents  for  a single  ride. 

930.  Rights  reserved  by  city.]  § 8.  The  City  of  Spring- 
field  hereby  reserves  the  right  to  take  up  and  remove  the 
track  of*  said  company  whenever  it  shall  be  necessary,  for  the 
improvement  of  the  streets,  or  for  the  laying  of  water  or  gas 
pipes,  or  for  the  construction  of  sewers,  or  for  other  pur- 
poses, on  the  streets  on  which  said  track  or  tracks  may  be 
laid,  and  such  improvements  shall  be  made  by  the  city  with- 
out unnecessary  delay,  and  the  track  shall  be  taken  up  and 
relaid  by  said  company  at  their  own  expense. 

/. 

931.  Liability  of  company  for  injuries  and  damages.]  § 9. 
The  said  railway  company  shall  be  legally  liable  for  all  in- 
juries and  damages  resulting  to  any  person  or  persons  from 
the  carelessness  or  negligence  of  any  person  operating  or 


400 


SPECIAL  ORDINANCES  OF 


employed  on  said  railroad,  and  also  for  all  damages  to  the 
owners  of  property  abutting  upon  any  of  said  streets  by 
reason  of  the  location  and  construction  of  said  road. 

932.  Rights  subject  to  existing  ordinances,  etc.']  § 10.  The 
rights  and  privileges  herein  granted  to  said  company  shall  be 
subject  to  all  existing  ordinances,  and  to  all  ordinances  that 
may  be  hereafter  passed  by  the  city  council,  concerning  horse 
or  street  railroads. 

933.  Penalty.]  § 11.  The  said  Citizens’  Street  Kailway 
Company  shall  be  liable  to  a penalty  of  twenty-five  dollars 
for  any  violation  or  disregard  of  the  provisions  of  this  ordi- 
nance, and  the  recovery  of  one  fine  shall  be  no  bar  to  a 
recovery  for  further  violations  or  disregard  of  the  provisions 
hereof. 

934.  In  force  twenty  years  from  passage.]  § VA.  This 
ordinance  shall  be  and  remain  in  force  twenty  years  from 
and  after  its  passage  and  approval. 


Acceptance  of  the  foregoing  ordinance: 


To  the  Honorable  Mayor  and  members  of  the  City  Council  of  Springfield: 

Gents:  I hereby  accept  an  ordinance,  granting  the  right  of  way  to  the  Citi- 
zens’ Street  Railway  Co.,  on  certain  streets  therein  named,  passed  September 
16,  1881,  and  approved  same  date  by  the  Mayor. 

City,  September  27,  1881.  J.  H.  SHUCK, 

President. 


An  Ordinance  granting  to  the  Citizens’  Street  Railway  Company  permission  to 
exten-d  its  railroad  track  on  parts  of  South  Eleventh  street  and  South 
Grand  Avenue.  [Passed  September  3, 1883.  Approved  September  4, 1883.] 


Whereas,  The  Citizens’  Street  Eailway  Company,  of  the 
City  of  Springfield,  has  petitioned  the  mayor  and  city  council 
of  said  city  for  permission  ijo  locate,  construct  and  operate 
a horse  or  street  railroad,  with  the  necessary  side-tracks  and 
switches,  from  the  present  termination  of  its  line  on  South 
Eleventh  street,  at  or  near  the  intersection  of  Kansas  street, 
south  on  said  Eleventh  street  to  South  Grand  Avenue,  and 
thence  west  on  said  avenue  to  Ninth  street ; and. 

Whereas,  It  appears  that  said  railway  company  had  given 
the  notice  required  by  law  in  advance  of  presenting  said 
petition,  and  that  the  land  owners  representing  more  than 
one-half  the  frontage  on  said  street  and  avenue,  or  [on]  so 
much  thereof  as  is  sought  to  be  used  for  horse  railroad 
purposes,  have  petitioned  the  city  council  for  the  laying  of 
said  railroad  track;  therefore, 


THE  CITY  OF  SPRINGFIELD. 


401 


Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

935.  Permission  given  company  to  construct  and  ope- 
rate horse  railroad  on  parts  of  a certain  street  and  avenue.] 
Sec.  1.  That  the  permission,  authority  and  consent  of  the 
city  council  of  said  city  be,  and  the  same  is  hereby,  given 
and  granted  to  said  Citizens’  Street  Eailway  Company,  its 
successors  or  assigns,  to  locate,  construct,  maintain  and 
operate  a horse  or  street  railroad,  with  the  necessary  side- 
tracks, turnouts  and  switches,  in,  upon  and  through  the 
following  parts  of  street  and  avenue  in  said  city,  to-wit : 
commencing  at  the  present  termination  of  the  line  of  said 
company,  on  south  Eleventh  street,  at  or  near  the  intersec- 
tion of  Kansas  street,  thence  south  on  said  Eleventh  street 
to  South  Grand  Avenue,  and  thence  west  on  said  avenue  to 
Ninth  street. 

936.  Rights  and  privileges  granted,  subject  to  conditions.] 
§ 2.  The  rights  and  privileges  granted  to  the  Citizens’  Street 
Kailway  Company,  in  section  one  (1)  hereof,  shall  be  subject 
to  any  and  all  changes  and  alterations  which  may  hereafter 
be  required  by  the  city  council,  in  regard  to  the  location  and 
grade  of  the  track  or  tracks  and  switches  of  said  company, 
on  said  parts  of  street  and  avenue  aforesaid ; and  said  rights 
and  privileges,  so  granted,  shall  become  forfeited  to  the 
City  of  Springfield,  unless  the  said  company  shall  commence 
the  construction  of  said  railroad  track,  and  fully  complete 
and  operate  the  same,  within  twelve  months  from  the  date 
of  the  passage  of  this  ordinance. 

937.  Company  to  he  liable  for  all  injuries  and  damages 
from  negligence,  etc.]  § 3.  The  said  railway  company  shall 
be  legally  liable  for  all  injuries  and  damages  resulting  to 
any  person  or  persons  through  the  negligence  or  carelessness 
of  any  person  operating  or  employed  upon  said  railroad, 
and- for  all  damages  to  private  property,  from  the  use  and 
occupancy  of  said  street  and  avenue,  or  parts  thereof,  for 
the  purposes  aforesaid. 

938.  Company  to  notify  city  council  before  proceeding  to 
act  under  ordinance.]  § 4.  Said  company  shall,  before  pro- 
ceeding to  act  under  authority  of  this  ordinance,  notify  the 
city  council  of  its  acceptance  thereof,  by  notice  in  writing, 
which  shall  be  filed  by  the  company  with  the  city  clerk^  and 
spread  in  full  upon  the  journal  of  the  council. 

939.  Further  conditions  and  restrictions — subject  to  general 
ordinances.]  § 5.  In  addition  to  the  foregoing  conditions 
and  restrictions,  the  said  railway  company  shall,  in  the  ex- 
ercise of  the  rights  and  privileges  herein  granted,  be  subject 
to  all  the  conditions,  restrictions  and  penalties  imposed  by 

—26 


402 


SPECIAL  ORDINANCES  OF 


an  ordinance  entitled  “An  ordinance  authorizing  the  con- 
struction of  the  Citizens’  Street  Eailway  and  Improvement 
Company,”  passed  by  the  city  council  April  1,  1879,  and 
also  to  all  general  ordinances  of  said  city  now  in  force,  or 
which  may  hereafter  be  in  force,  during  the  period  of  this 
grant,  in  relation  to  horse  or  street  railroads,  not  inconsist- 
ent with  the  provisions  of  this  ordinance. 

940.  Ordinance  in  force  twenty  years — how  rights  under 
forfeited.]  § 6.  This  ordinance  shall  be  and  remain  in  force 
twenty  years  from  and  after  its  passage,  unless  said  com- 
pany shall  violate  any  of  the  provisions  hereof,  in  which 
case  the  city  council  may,  in  their  discretion,  declare  said 
rights  and  privileges  forfeited. 


The  compa7iy's  acceptance  of  foregoing  ordinance: 

To  the  Honorable,  the  Mayor  and  City  Council,  of  the  City  of  Springfield: 

Gentlemen:  The  Citizens’  Street  Railway  Company  hereby  accepts  the 
ordinance  entitled  an  ordinance,  granting  to  the  Citizens’  Street  Railway  Com- 
pany permission  to  extend  its  railroad  track  on  parts  of  South  Eleventh  street 
and  South  Grand  Avenue,  passed  by  the  city  council  September  3, 1883. 

Citizens’  Steeet  Railway  Company, 

By  J.  H.  ScHUCK,  President. 

Springfield,  111.,  September  6,  1883. 


SIDE-TRACKS  AND  SWITCHES. 


An  Oedinance  relating  to  horse  railways.  [Passed  December  1,  1879.1 

Be  it  ordamed  by  the  City  Council  of  the  City  of  Springfield: 

941.  Construction  of  turnouts,  side-tracks  or  switches  pro- 
hibited, without  co7isent  of  city  cou7icil.]  Sec.  1.  That  no 
company,  corporation  or  person,  now  operating,  or  who  may 
hereafter  operate,  any  horse  or  street  railway  within  the 
limits  of  the  City  of  Springfield,  shall  construct,  lay,  or 
cause  to  be  laid,  any  .turnout,  side-track  or  switch,  upon  any 
street  along  the  line  of  such  railway,  within  said  city,  with- 
out obtaining  the  consent,  by  ordinance,  of  the  city  council 
to  the  laying  of  such  turnout,  side-track  or  switch. 

942.  Repeal.]  § 2.  All  ordinances  or  parts  of  ordi- 
nances in  conflict  with  the  provisions  hereof,  are  hereby  re- 
pealed. 

943.  In  force  froTu  passage.]  § 2.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


THE  CITY  OF  SPRINGFIELD. 


403 


SPEINGFIELD  lEON  COMPANY. 


An  Okdinance  granting  the  right  of  way  to  the  Springfield  Iron  Company  for  a 
railroad  switch  or  side-track  across  North  Grand  Avenue  and  the  Water- 
works land.  [Passed  October  3, 1871.  Approved  October  4, 18711. 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

944.  Right  of  way  for  railroad  switch,  etc. — company  to 
erect  and  maintain  fence.]  Sec.  1.  That  the  right  of  way, 
forty  feet  wide,  be,  and  the  same  is  hereby  granted  to  the 
Springfield  Iron  Company  to  construct  and  operate  a rail- 
road switch  or  side-track  . over  and  across  the  east  side  of 
the  tract  of  land  owned  by  said  city,  and  known  as  the 
Water-Works  tract,  and  situated  on  North  Grand  Avenue — 
said  track  to  enter  the  south  side  of  said  ground  not  over 
one  hundred  and  sixty  feet  from  the  east  side,  and  run  on 
the  east  line  as  soon  as  the  nature  of  the  curve  will  permit ; 
or  to  employ  or  contract  with  any  railroad  company  to  con- 
struct and  operate  a railroad  switch  or  side-track  across  and 
over  said  tract  of  land,  to  cross  the  said  North  Grand  Ave- 
nue of  said  city  for  the  purpose  of  connecting  said  railroad 
switch  or  side-track  with  any  other  railroad : Provided, 
that  the  said  iron  company  shall  be  required  to  erect 
and  maintain  a good  and  sufficient  fence  to  protect  said 
tract  of  land,  so  long  as  the  same  may  be  used  for  the  pur- 
poses aforesaid. 

945.  § 2.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


JSPEINGFIELD  STEAM  SUPPLY  AND  ELECTEIC  LIGHT 

COMPANY. 


An  Ordinance  authorizing  the  construction  and  granting  the  right  of  way  to 
the  Springfield  Steam  Supply  and  Electric  Light  Company.  [Passed  March 
7,  1881.  Approved  March  10, 1881.1 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

946.  Exclusive  privilege  granted  company  to  use  streets  and 
alleys  for  laying  pipes  and  erecting  wires  for  heating  and  light- 
ing purposes.]  Sec.  1.  There  is  hereby  granted  to  A.  L.  Ide, 
E.  D.  Lawrence,  Samuel  [H.  Jones,  Thomas  B.  Needles, 


404 


SPECIAL  ORDINANCES  OF 


George  N.  Black,  Samuel  D.  Scholes,  and  R.  W.  Miller,  and 
such  other  persons  as  may  hereafter  become  associated  with 
them,  to  be  known  as  the  ‘‘Springheld  Steam  Supply  and 
Electric  Light  Company,”  and  their  executors,  administrators 
and  assigns,  the  exclusive  privilege,  permission  and  authority 
to  use  and  occupy  the  streets,  alleys  and  sidewalks  of  the 
city  of  Springfield  for  the  purpose  of  laying  down  and  repair- 
ing all  necessary  pipes  and  fixtures  for  conducting  steam  in 
and  under  the  streets,  alleys  and  sidewalks  of  said  city,  and 
to  erect  necessary  wires  on  poles,  or  under  ground,  along 
said  streets  and  alleys,  for  the  purpose  of  conducting  elec- 
tricity thereon  : Provided,  that  all  excavations  in  said  streets, 
alleys  and  sidewalks  shall  be  made  under  the  supervision  of 
the  city  supervisor,  and  that,  wherever  it  is  practicable,  said 
pipes  and  wires  shall  be  laid  along  the  alleys  instead  of  the 
streets  or  sidewalks  of  said  city. 

947.  Not  to  obstruct  streets,  etc.,  nor  interfere  ivith  water 
or  gas  pipes — to  fill  up  and  keep  in  repair  depressions,  etc.] 

§ 2.  The  said  Springfield  Steam  Supply  and  Electric  Light 
Company,  in  laying  down  or  repairing  their  pipes  or  other 
fixtures,  shall  not  unnecessarily  obstruct  any  street,  alley  or 
sidewalk,  nor  interfere  with  any  water  or  gas-pipes  or  sewers 
already  laid  or  built,  and  shall,  after  such  pipes  or  other 
fixtures  have  been  placed  in  position,  or  repaired,  immedi- 
ately restore  such  street,  alley  or  sidewalk  in  as  good  con- 
dition as  before  the  opening  and  using  of  the  same,  and  shall, 
from  time  to  time,  fill  up  and  repair  all  depressions  or  sinks 
in  any  street,  alley  or  sidewalk,  caused  by  the  settling  of 
the  ground,  or  otherwise,  in  laying  such  pipes  or  other  fix- 
tures ; and  in  case  said  company  fail  to  do  so,  then  the  city 
may  do  the  work  at  the  expense  of  the  said  company, 
which,  by  the  acceptance  of  these  conditions,  they  agree  to 
pay. 

948.  The  company  liable  to  city  and  private  persons  for  all 
damages.]  § 3.  The  said  company  shall  be  Jliable  to  the 
city  of  Springfield,  and  to  private  persons,  for  all  damages 
and  injury  caused  by,  or  arising  from,  the  use  or  occupancy 
of  any  street,  alley  or  sidewalk,  by  them,  in  said  city,,  for 
the  purposes  aforesaid. 

949.  To  supply  the  city  with  steam  and  electricity  at  twenty- 
five  per  cent,  below  ordinary  rates.]  § 4.  The  said  company, 
in  consideration  of  the  special  rights  and  privileges  herein 
granted,  shall  supply  from  their  mains,  when  laid,  to  the 
city  of  Springfield,  at  twenty-five  per  cent,  less  than  the  or- 
dinary rates,  all  the  steam  necessary  to  heat  its  public 


THE  CITY  OF  SPRINGFIELD. 


405 


buildings ; and  also,  at  a like  reduction,  all  the  electricity 
from  their  main  wires  that  may  be  necessary  to  light  the 
public  buildings  of  said  city,  during  the  continuance  of  said 
grant. 

950.  Company  to  put  their  works  into  operation  ivithin  two 
years— forfeiture — to  notify  council  of  acceptance,  etc.]  § 5. 
The  said  Springfield  Steam  Supply  and  Electric  Light  Com- 
pany shall  commence  the  erection  or  establishing  of  said 
works,  and  put  the  same  into  operation  within  two  years 
from  the  passage  of  this  ordinance ; otherwise,  all  privileges 
herein  and  hereby  granted  shall  be  forfeited  to  the  city  of 
Springfield  : And  provided,  further,  that  said  company  shall, 
before  proceeding  to  act  under  this  ordinance,  and  within 
thirty  days  from  the  passage  thereof,  notify  the  city  council 
of  their  acceptance  of  the  same,  which  notice  shall  be  in 
writing,  and  entered  in  full  upon  the  journals  of  said 
council. 

951.  Ordinance  to  he  in  force  twenty  years.]  § 6.  This 
ordinance  shall  be  and  continue  in  force  for  twenty  (20) 
years  from  and  after  its  passage. 


Acceptance  hy  company  of  the  foregoing  ordinance: 


Springfield,  March  14. 1881. 
To  Honorable  Mayor  and.  City  Council  of  Springfield: 


Gentlemen— We  hereby  accept  the  ordinance  authorizing  the  construction, 
and  granting  the  right  of  way  to  the  Springfield  Steam  Supply  and  Electric 
Light  Company,  passed  March?,  1881. 

Signed,  A.  L.  Ide, 

R.  D.  Lawrence, 

S.  H.  Jones, 

Geo,  N.  Black, 

T.  B.  Needles. 
Sam’l  D.  Scholes, 
R.  W.  Miller. 


STEAM  WOEKS  IN  FIKE  LIMITS. 


An  Ordinance  in  relation  to  the  erection  and  use  of  steam  works  or  boilers, 
within  the  fire  limits.  [Passed  March  4, 1880.] 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

952.  Erection  of  steam  works  prohibited  within  certain 
limits.]  Sec.  1.  That  no  steam  works  or  boilers  shall  here- 
after be  erected  and  operated,  for  the  use  of  mills  or  other 
manufacturing  establishments,  within  that  portion  of  the 
fire  limits  of  said  city  described  as  follows ; Commencing 


406 


SPECIAL  ORDINANCES  OF 


at  the  intersection  of  Seventh  and  Jefferson  streets,  thence 
south  on  the  west  line  of  Seventh  street  to  the  corner  of 
Monroe  street,  thence  west  on  the  north  line  of  Monroe 
street  to  the  corner  of  Fourth  street,  thence  north  on  the 
east  line  of  Fourth  street  to  the  corner  of  Jefferson  street, 
and  thence  east  to  the  point  of  beginning. 

953.  Penalty.^  § 2.  Any  person  or  persons  violating 
the  provisions  of  the  foregoing  section  shall  be  subject  to  a 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars,  and  to  a like  penalty  for  each  week  there- 
after that  such  person  or  persons  shall  continue  to  erect  or 
operate  said  steam  works  or  boilers  contrary  to  the  provisions 
hereof. 

954.  Take  effect  from  passageJ]  § 3.  This  ordinance 
shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  due  publication. 


STKEETS. 

CHANGE  OF  NAME. 

An  Okdinancs  changing  the  name  of  Market  street.  [Passed  September  3. 1877.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

955.  Market  street  changed  to  Capitol  avenue.']  Sec.  1. 
That  the  name  of  Market  street  be,  and  the  same  is  hereby, 
changed  to  Capitol  avenue ; and  all  ordinances  or  parts  of 
ordinances  in  conflict  herewith  are  hereby  repealed. 

956.  In  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 


Resolution  for  changing  the  name  of  Reval  street.  [Adopted  by  the  City 
Council,  October  2,  1882.1 

Whereas,  the  street  running  north  and  south  through  the 
city,  in  the  western  part  thereof,  being  named,  respectively, 
Keval  street  and  Pasfield  street,  and  being  one  and  the  same 
street ; therefore,  be  it 

Resolved  by  the  City  Council  of  the  City  of  Springfield: 
That  the  name  of  Reval  street  be  dropped,  and  that  the 
street  be  named  and  hereafter  known  as  Pasfield  street. 


THE  CITY  OF  SPRINGFIELD. 


407 


STREETS  VACATED. 

An  Oedinance  to  provide  for  vacating  a certain  portion  of  Third  street. 
[Passed  November  13, 1865.  Approved  November  13, 1865.1 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

957.  Sec.  1.  That  the  west  twenty-six  (26)  feet  of  Third 
street,  between  blocks  three  (3)  and  four  (4),  in  Allen’s  -ad- 
dition to  Springfield,  be,  and  the  same  is  hereby,  vacated  as 
a street : Provided,  that  the  city  council  reserves  the  right 
to  repeal  this  ordinance  at  any  time,  in  their  discretion. 

An  Oedinance  vacating  the  east  end  of  New  (or  rean  Market  street,  and  author- 
izing the  sale  of  the  same;  also,  the  sale  of  the  east  end  of  Market  Square. 
[Passed  November  27, 1865.  Approved  November  29, 1865.1 

Be  it  ordained  by  the  City  Council  of  the  City  oj  Springfield: 

958.  Sec.  1.  That  one  hundred  and  twenty  (120)  feet 
off  of  the  east  end  of  New  (or  rear)  Market  street,  and  one 
hundred  and  twenty  (120)  feet  off  of  the  east  end  of  the  alley 
in  block  fifteen  (15)  in  E.  lies’  addition  to  the  town  (now 
city)  of  Springfield,  be,  and  the  same  are  hereby,  discon- 
tinued and  vacated,  as  a street  and  alleys  the  consent,  in 
writing,  of  all  persons  owning  land  or  lots  adjoining  said 
street  and  alley  having  been  obtained.  Said  street  being 
between  Market  Square  and  block  fifteen  (15)  in  E.  lies’ 
addition.* 


An  Oedinance  for  vacating  portions  of  Cass  and  Kansas  streets,  and  for  other 
purposes  therein  mentioned.  [Passed  Dec.  4, 1882.  Approved  Dec.  6,  1882.] 

Whereas,  The  Wabash,  St.  Louis  and  Pacific  Railway 
Company  has  agreed  that,  upon  the  passage  of  the  ordinance, 
hereinafter  recited,  by  the  city  council  of  the  City  of 
Springfield,  the  said  company  will  abandon  all  claim  for  dam- 
ages arising  by  reason  of  the  projection  and  extension,  by  said 
city,  of  O’Donnell  street,  Division  street  and  Reservoir  street 
across  and  upon  the  right  of  way  of  said  railway  company, 
in  the  northeast  part  of  said  city;  now,  therefore. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

959.  Vacation  of  parts  of  Cass  and  Kansas  streets.]  Sec.  1. 
That  all  that  portion  of  Cass  street  lying  between  block 
three  (3)  and  block  eight  (8)  in  Barret’s  addition  to  the  City 
of  Springfield,  and  all  that  portion  of  Kansas  street  lying 
between  block  eight  (8)  in  Barret’s  addition  to  the  City  of 


*The  remaining  portion  of  the  above  ordinance  is  omitted. 


408 


SPECIAL  ORDINANCES  OF 


Springfield,  and  the  west  one  hundred  feet  of  lot  two  (2)  in 
block  two  (2)  of  Barret’s  addition  of  out  lots,  be  and  the 
same  are  hereby  vacated. 

960.  Proceedings  for  the  extension  of  Douglas  and  Clay 
streets  to  he  abandoned  by  city.]  § 2.  That  all  proceedings 
for  the  purpose  of  opening  and  extending  Douglas  street  and 
Clay  street  upon  and  across  the  right  of  way  of  the  Wabash, 
St.  Louis  and  Pacific  Railway  Company,  in  the  southeast 
part  of  said  city,  be  and  the  same  are  discontinued  and 
abandoned. 

961.  Right  reserved  to  build  a foot-bridge  across  the  right 
oif  ivay  of  said  railway  company,  between  Cook  street  and  South 
Grand  Avenue.]  § 3.  The  right  is  reserved  to  the  said  city 
to  build  a foot-bridge  across  the  right  of  way  and  property 
of  the  said  Wabash,  St.  Louis  and  Pacific  Railway,  at  any 
point  between  Cook  street  and  South  Grand  Avenue  that  the 
said  city  council  may  hereafter  select ; said  bridge  to  be  so 
built  as  not  to  interfere  with  the  business  of  said  company, 
and  to  be  constructed  under  the  joint  supervison  and  control 
of  engineers  to  be  appointed  by  the  city  council  and  the  said 
railway  company,  respectively. 

962.  In  force  from  passage.]  § 4.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


TELEPHONES. 


An  Okdinance  granting  permission  to  the  Central  Union  Telephone  Company 
to  erect  and  maintain  a system  of  telephones,  or  a Telephone  Exchange. 
[Passed  December  3,  1883.  Approved  December  4,  1883.1 


Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield, 

Illinois: 

963.  Telephone  Company  granted  right  of  ivay  through 
streets,  etc. — conditions  of  grant.]  Sec.  1.  That  the  Central 
Union  Telephone  Company,  and  its  successors  and  assigns, 
be  and  they  are  hereby  granted  the  right  of  way  through,  in 
and  upon  the  streets,  sidewalks,  alleys  and  public  grounds 
of  the  City  of  Springfield,  in  the  county  of  Sangamon,  and 
State  of  Illinois,  for  the  purpose  of  therein  and  thereon  to 
erect,  maintain  and  use  all  the  necessary  poles,  or  posts  of 
wood,  iron  or  other  suitable  material,  and  the  necessary 
wires  and  fixtures  successfully  to  operate  and  use  a system 


THE  CITY  OF  SPRINGFIELD. 


409 


of  telephones,  or  a Telephone  Exchange,  within  said  city : 
Provided,  that  the  said  Central  Union  Telephone  Company, 
and  its  successors  and  assigns,  shall  mfiintain  and  use  (under 
proper  and  reasonable  restrictions  and  rules),  an  office  and 
operator  on  its  lines  of  telephone  wires  at  some  convenient 
point  within  said  City  of  Springfield,  and  shall  so  set  said 
poles  or  posts,  and  place  or  hang  the  wires,  thereon  in  such 
places  and  manner,  as  not  to  interfere  with  travel  or  busi- 
ness on  said  streets,  sidewalks,  alleys  and  public  grounds 
aforesaid,  and  shall  put  and  keep  in  good  order  all  those 
parts  of  the  same  interfered  with  or  used  in  the  erection  and 
maintenance  of  said  poles  or  posts. 

964.  How  poles  to  be  set — under  whose  direction.]  § 2. 
Said  telephone  poles  shall  be  so  set  or  placed  as  not  to  in- 
terfere with  the  free  flow  of  water  in  any  gutter  or  drain 
within  said  city;  and  the  location  of  the  poles  shall  be  de- 
termined under  the  direction  of  the  mayor,  and  the  committee 
on  streets  and  alleys,  of  the  city  council. 

965.  Rights  reserved  by  the  city  council.]  § 3.  The  said 
city  council  hereby  reserves  the  right  of  way  through,  in  or 
upon  said  streets,  sidewalks,  alleys  and  public  grounds,  for 
the  erection,  maintenance  and  use  of  the  necessary  posts  or 
poles  and  wires  of  any  other  telephone  company  or  corpora- 
tion, whenever  so  requested,  if  said  council  shall  deem  proper 
so  to  do ; and  the  rights  and  privileges  herein  granted  to 
the  Central  Union  Telephone  Company  shall  be  subject  to 
all  general  ordinances  of  said  city  now  in  force,  or  which 
may  hereafter  be  passed  and  in  force,  not  inconsistent  with 
the  laws  of  this  State,  in  relation  to  telegraphs  or  telephones. 

966.  Duty  of  council  to  pass  ordinances  for  protection  of 
posts  and  tvires.]  § 4.  It  shall  be  the  duty  of  said  city 
council,  from  time  to  time,  to  enact  such  ordinances  as  may 
become  necessary  for  the  protection  of  telephone  posts,  wires 
and  fixtures  against  abuse  and  injury. 

967.  City  to  have  telephones  at  one-half  regular  rates 
of  company — fire  alarm.]  § 5.  In  consideration  of  the 
rights  and  privileges  herein  and  hereby  granted  to  the  Cen- 
tral Union  Telephone  Cpmpany,  the  City  of  Springfield  shall 
have  from  said  company,  its  successors  and  assigns,  during 
the  entire  term  of  this  ordinance,  as  many  telephones  with 
exchange  service  as  said  city  may  require  for  its  use,  to  be 
placed  and  kept  at  such  points  within  or  without  the  cor- 
porate limits,  as  the  city  council  may  designate,  at  one-half 
the  regular  business  rates  of  said  company,  and  said  com- 
pany shall  maintain,  operate  and  perfect  said  telephone 
exchange  system,  including  the  care  and  operating  or  ringing 


410 


SPECIAL  ORDINANCES  OF 


of  a fire-alarm  bell,  to  be  located  by  the  city  council  in  the 
dome  of  the  county  court  house  or  other,  suitable  place,  as 
a fire-alarm  system,  without  any  cost  to  the  city. 

968.  Ordinance  in  nature  of  a contract — when  to  take  effect.] 
§ 6.  This  ordinance  is  to  be  deemed  in  the  nature  of  a 
contract,  and  shall  take  effect  and  be  in  force  only  upon  the 
filing,  within  twenty  days  after  its  passage,  in  the  office  of 
the  city  clerk  of  said  city,  by  said  Central  Union  Telephone 
Company,  its  successors  or  assigns,  of  its  unconditional  ac- 
ceptance of  the  terms  thereof,  which  acceptance  shall  be  in 
writing,  and  be  reported  by  the  clerk  to  the  city  council,  and 
entered  in  full  upon  the  journal  thereof;  and  this  ordinance 
shall  continue  in  force  for  the  period  of  twenty  years,  subject 
to  the  conditions  aforesaid. 


Acceptance  of  the  foregoing  ordinance: 


Centeal,  Union  Telephone  Company, 

District  Superintendent’s  Office, 

Springfield,  III.,  Dec.  15th.  1883. 

To  the  Mayor  and  City  Council,  Springfield,  Illinois: 

Gentlemen— In  compliance  with  the  provisions  of  Section  6 of  “An  ordinance 
granting  to  the  Central  Union  Telephone  Company  permission  to  erect  and 
maintain  a system  of  telephones,  or  a Telephone  Exchange,’’  passed  at  your 
meeting  Dec.  3d,  1883,  I have  been  authorized  by  the  Executive  Committee  to 
transmit  you,  by  this  communication,  the  acceptance  by. the  Central  Union  Tel- 
ephone Company,  its  successors  or  assigns,  of  the  said  ordinance,  and  all  its 
provisions,  as  passed  by  said  council. 

Respectfully,  etc. 

R.  B.  Hoover,  Supt. 

For  the  Central  Union  Telephone  Co. 

Filed  Dec.  17, 1883. 


TOWN  BKANCH. 


An  Ordinance  relative  to  the  Town  Branch.  [Passed  October  29, 1855.1 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

969.  Channel  oj  Branch  estahlishad  through  Bullock's  addi- 
tion.] Sec.  1.  That  the  town  branch  through  Bullock’s  ad- 
dition to  the  city,  commencing  at  the  north  line  of  Adams 
street  and  ending  at  the  south  line  of  Washington  street,  is 
hereby  established,  as  follows,  to-wit : Beginning  in  the 
center  of  the  channel  of  said  branch,  at  a point  eleven  feet 
south,  eighty-eight  degrees  east,  from  the  southwest  corner 
of  lot  number  twenty-six  of  said  addition,  and  running  thence 


THE  CITY  OF  SPRINGFIELD. 


411 


in  a straight  line  to  a point  eleven  feet  north,  eighty- eight 
degrees  west,  from  the  northeast  corner  of  lot  number 
twenty-seven  in  said  addition,  as  shown  by  the  plat  of  the 
same,  recorded  in  the  office  of  the  recorder  of  Sangamon 
county. 

970.  Engineer  to  enter  jAat  of  in  record  of  city  grades] 
§ 2.  The  city  engineer  and  surveyor  is  hereby  directed  to 
enter  a copy  of  the  plat  of  said  branch,  as  the  same  is 
herein  established,  upon  the  “city  record  of  grades”  in  his 
office. 


SPRINGFIELD  GAS  LIGHT  COMPANY. 

An  Ordinance  in  relation  to  a supply  of  gas  for  illuminating  and  heating  pur- 
poses for  the  city  of  Springfield,  and  the  inhabitants  thereof.  [Passed  Feb- 
ruary 4. 1884.  Approved  February  (5, 1884.1 


Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

971.  Sec.  1.  That  the  contract  heretofore  existing  be- 
tween the  City  of  Springfield  and  The  Springfield  Gas  Light 
Company,  made  on  the  18th  day  of  April,  1854  (a  printed 
copy  whereof  is  found  at  pages  156  and  157  of  the  Revised 
Ordinances  of  the  City  of  Springfield,  1877),  and  all  the 
rights  and  privileges  heretofore  granted  and  enjoyed  by  the 
said  The  Springfield  Gas  Light  Company,  under  the  said 
contract  and  the  act  of  incorporation  of  the  said  The  Spring- 
field  Gas  Light  Company,  and  chapter  sixteen  of  the  Re- 
vised Ordinances  of  the  City  of  Springfield,  1877,  be,  and 
the  same  are  hereby  extended  for  the  period  of  ten  (10) 
years  from  the  first  day  of  February,  A.  D.  1884.  And  the 
like  right  to  manufacture  and  supply  gas  for  heating  pur- 
poses in  the  said  city  and  suburbs  is  hereby  granted  to  said 
company  for  the  same  period,  subject  to  the  modifications, 
conditions  and  limitations  hereinafter  expressed ; that  is  to 
say ; 

[First,] — That  the  said  The  Springfield  Gas  Light  Company 
shall  furnish  gas  for  all  street  lamps  for  the  period  of  ten 
(10)  years  from  the  first  day  of  February,  1884,  at  the  rate 
of  fifteen  dollars  per  annum  per  lamp,  which  said  sum  of 
fifteen  dollars  per  annum  per  lamp  shall  include  all  charges 
by  the  said  Springfield  Gas  Light  Company  for  lighting,  ex- 
tinguishing, keeping  up  and  repairing  said  lamps ; said 
lamps  shall  be  lighted  for  the  same  proportion  of  time  as  is 
provided  by  the  schedule  now  in  force  in  relation  to  gasoline 
lamps,  a copy  of  which  schedule  is  made  part  of  this  ordi- 
nance,— said  lamps  to  be  kept  clean  and  in  good  repair. 


SPECIAL  ORDINANCES  OF 


411i 

Second. — The  said  The  Springfield  Gas  Light  Company  is 
to  furnish,  at  its  own  expense,  the  lamps  and  lamp-posts, 
and  all  necessary  connections  for  said  street  lamps,  and 
mark  the  names  of  streets  on  lamps  at  street  corners,  in  a 
style  similar  to  that  upon  gasoline  lamps  now  in  use  in  said 
city,  and  to  furnish  all  gas  other  than  for  street  lamps  con- 
sumed by  the  City  of  Springfield,  at  the  rate  of  one  dollar 
and  fifty  cents  per  one  thousand  cubic  feet.  And  the  said 
The  Springfield  Gas  Light  Company,  is  to  furnish  to  all 
consumers  of  gas  in  said  city  other  than  the  City  of  Spring- 
field,  who  may  pay  therefor  on  or  before  the  tenth  day  of 
each  and  every  month,  at  the  rate  of  one  dollar  and  fifty 
cents  per  one  thousand  cubic  feet,  and  if  not  paid  within 
the  time  aforesaid,  at  the  rate  of  one  dollar  and  seventy-five 
cents  per  one  thousand  cubic  feet ; and  further  agrees  that 
it  will  not  at  any  time  after  the  expiration  of  the  ten  years 
extension  of  its  privileges,  provided  for  by  this  ordinance, 
charge  or  expect  to  receive  from  private  consumers  of  gas 
a higher  rate  than  one  dollar  and  fifty  cents  per  one  thou- 
sand cubic  feet,  provided  that  its  bills  are  paid  by  the  tenth 
day  of  each  month,  as  hereinbefore  provided. 

Third. — The  city  council  may  at  any  time  order  the  exten- 
sion of  gas  pipes  to  any  part  of  the  city,  and  fix  the  loca- 
tion of  street  lamps  in  such  extensions:  Provided,  that  no 
such  extension  of  pipes  shall  be  ordered  unless  a consump- 
tion of  gas  of  not  less  than  one  thousand  cubic  feet  per  day 
for  each  four  hundred  feet  of  extension  ordered  shall  be 
assured  to  said  company  by  the  city,  or  by  individuals  in- 
terested in  said  extensions. 

Fourth. — The  gas  to  be  furnished  by  the  said  Springfield 
Gas  Light  Company  shall  be  at  all  times  of  not  less  than 
eighteen  candle  power. 

Fifth.— said  The  Springfield  Gas  Light  Company  shall 
be  in  all  respects  subject  to  the  provisions  of  the  act  of  in- 
corporation of  said  company,  the  contract  and  the  said 
chapter  16  of  the  Eevised  Ordinances  of  the  said  city  of 
1877,  hereinbefore  referred  to,  except  as  herein  and  hereby 
modified. 

972.  § *2.  In  consideration  of  the  aforesaid  agreements 

of  the  said  company,  the  said  City  of  Springfield  hereby 
agrees  to  receive  and  use  gas  from  said  company,  its  suc- 
cessors and  assigns,  for  the  lighting  of  all  street  lamps  so 
to  be  furnished  by  said  company  as  aforesaid  for  the  period 
of  ten  (iO)  years  from  and  after  the  first  day  of  February, 
1884,  at  fifteen  dollars  per  lamp  per  annum,  payable  quar- 
ter-yearly ; and  the  said  city  further  agrees  to  take  and  receive 
from  the  said  company  all  gas  consumed  by  it  for  other 
purposes  than  for  street  lamps,  at  the  price  of  one  dollar 


CITY  OF  SPRINGFIELD. 


4111 


and  fifty  cents  per  one  thousand  cubic  feet  for  the  said 
period  of  ten  (10)  years,  commencing  as  aforesaid,  payable 
monthly.  And  the  said  City  of  Springfield  does  further  agree, 
that  during  the  said  period  of  ten  years  that  it,  the  said  City 
of  Springfield,  will  not  grant  to  any  person  or’  corporation 
the  right  or  privilege  of  using  any  of  the  streets,  alleys  or 
avenues  of  said  city  for  the  purpose  of  laying  gas  pipes 
therein : Provided,  that  if  the  said  The  Springfield  Gas  Light 
Company  shall  refuse  or  neglect  to  comply  in  all  substantial 
particulars  with  the  agreements  hereinbefore  expressed  by  it 
to  be  performed,  and  shall  continue  to  so  refuse  or  neglect 
for  the  period  of  ninety  (90)  days  after  notice  thereof  by  the 
said  city,  then,  and  in  that  event,  all  rights  hereby  conferred 
upon  the  said  company  shall  be  forfeited. 

973.  § 3.  The  said  company  shall,  within  two  days  after 
the  passage  of  this  ordinance,  give  bond  in  the  sum  of  fifty 
thousand  dollars  ($5  3,000),  with  sufficient  sureties,  to  be 
approved  by  the  mayor,  conditioned*  for  faithful  performance 
by  said  company  of  the  agreements  made  by  said  company 
as  herein  expressed.* 

974.  § 4.  This  ordinance  shall  take  effect  and  be  in 
force  from  and  after  its  passage,  the  execution  and  approval 
of  the  said  bond,  and  the  acceptance  hereof  in  writing  by 
the  said  Springfield  Gas  Light  Company.! 


Acceptance  of  the  foregoing  ordinance. 

To  the  Mayor  and  City  Council  of  the  City  of  Springfield  : 

You  are  hereby  notified  that  in  pursuance  of  a resolution  of  the  Board  of  Di- 
rectors of  The  Springfield  Gas  Light  Company,  adopted  by  said  board  on  the  6th 
day  of  February,  A.  D.  1884,  a certified  copy  whereof  is  herewith  handed  you,  the 
said  Springfield  Gas  Light  Company  hereby  accepts  an  ordinance  duly  passed 
by  the  City  Council  of  the  City  of  Springfield,  on  the  4th  day  of  February,  A. 
D.  1884,  and  approved  by  the  Mayor  of  said  city  on  the  6th  day  of  February, 
1884,  entitled  “An  ordinance  in  relation  to  a supply  of  gas  ior  illuminating  and 
heating  purposes  for  the  city  of  Springfield  and  the  inhabitants  thereof.” 
Springfield,  Illinois,  February  6,  1884. 

Seal  of  the  Springfield  THE  SPRINGFIELD  GAS  LIGHT  CO.. 

Gas'Light  Co.  by  N.  H.  Ridgely,  President. 

Attest : Wm.  Ridgely,  Secretary. 


* The  bond  of  said  Gas  Light  Company,  as  above  required,  was  filed  and 
approved  February  6, 1884. 

t The  foregoing  ordinance  was  passed  by  the  city  council  after  the  printing 
of  this  book;  hence  the  fractional  paging,  etc. 


fi. 


APPENDIX. 


■fv 


\ 


I 


t 


APPENDIX. 


415 


A LIST  OF  TITLES 


To  Old  State  Laws,  Relating  to  the  Town  and  City  op 

Springfield. 


An  Act  establishing  the  County  of  Sangamon.  Approved 
January  30,  1821 — Laws  of  1821,  page  45.* 

An  Act  establishing  the  permanent  boundaries  of  Sangamon 
county,  and  providing  for  the  permanent  location  of  the 
county  seat.  Approved  December  23,  1824 — Laws  of 
1825,  page  20.* 

An  Act  concerning  the  Town  of  Springfield.  Approved  Feb- 
ruary 9,  1827 — Laws  of  1827,  page  23. 

An  Act  to  incorporate  the  inhabitants  of  such  towns  as  may 
wish  to  be  incorporated.  Approved  February  12,  1831 — 
Laws  of  1831,  page  82. t 

An  Act  for  the  re-survey  of  the  Town  of  Springfield.  Ap- 
proved February  20,  1833 — Private  Laws  of  1833,  page 
210. 1 

An  Act  further  defining  the  powers  and  duties  of  trustees 
of  incorporated  towns.  Approved^  January  31,  1835 — 
Laws  of  1835,  page  175. 


* In  accordance  with  the  provisions  of  these  two  acts,  the  county  seat  of 
Sangamon  county  was,  on  April  10,  1821,  temporarily,  and  afterwards,  on  March 
18,  1825,  permanently  located  at  Springfield;  and  the  title  to  a considerable  por- 
tion of  the  most-valuable  real  estate  in  the  city  is  derived  through  the  donation 
made  to  the  county,  in  virtue  of  the  last  named  act,  by  the  original  proprietors 
of  the  town,  in  consideration  of  the  location  of  the  county  seat  as  aforesaid. 

t The  Town  of  Springfield  was  first  incorporated  under  this  act  on  April  2, 
1832. 

+ This  act  declares  deeds  made  for  lots  in  the  Town  of  Calhoun  valid,  and 
makes  said  town  a part  of  the  Town  of  Springfield. 


APPENDIX. 


An  Act  permanently  to  locate  the  seat  of  government  of  the 
State  of  Illinois.  Approved  February  25,  1837 — Laws  of 
1837,  page  321. 

An  Act  supplemental  to  an  act  to  permanently  locate  the 
seat  of  government  of  Illinois.  Approved  March  3,  1837 — 
Law^s  of  1837,  page  321. 

An  Act  to  extend  the  corporate  powers  of  the  president  and 
trustees  of  the  Town  of  Springfield.  Approved  July  20, 
1837 — Laws  of  1837,  special  session,  page  94. 

An  Act  in  relation  to  the  Town  of  Springfield.  Approved 
February  15,  1839 — Laws  of  1839,  page  104.* 

An  Act  to  incorporate  the  city  of  Springfield.  Approved 
February  3,  1840 — Laws  of  1840,  (special  session,)  page 
6.f 

An  Act  to  amend  “An  act  to  incorporate  the  City  of  Spring- 
field.”  Approved  February  27,  1841 — Laws  of  1841, 
page  61. 

An  Act  authorizing  certain  debtors  of  the  State  to  discharge 
their  indebtedness  in  Illinois  internal  improvement  scrip. 
Approved  February  27,  1841 — Laws  of  1841,  page  300. 

An  Act  to  amend  the  charter  of  the  City  of  Springfield. 
Approved  February  23,  1843 — Laws  of  1843,  page  65. 

An  Act  to  amend  the  act  entitled  “An  act  to  incorporate 
the  City  of  Springfield.”  Approved  February  26,  1845 — 
Laws  of  1845,  page  285. 

An  Act  to  suspend  an  act  therein  named.  Approved  March 
1,  1845 — Laws  of  1845,  page  105. 

An  Act  to  amend  the  “Acli  to  incorporate  the  City  of  Spring- 
field.”  Approved  January  26,  1849 — Laws  of  1849,  page 
15. 


* This  act  relates  to,  and  restricts  the  boundaries  of,  the  town. 

t This  was  the  original  charter  of  the  City  of  Springfield.  It  was  amended  by 
the  six  succeeding  acts  above  named,  and  was  superseded  by  the  later  city 
charter,  approved  March  2, 1854. 


APPENDIX. 


417 


An  Act  requiring  the  sheriff  of  Sangamon  county  to  pay 
certain  tines  to  the  treasurer  of  the  City  of  Springfield. 
Approved  February  15,  1851 — Laws  of  1851,  page  123. 

An  Act 'for  the  better  government  of  towns  and  cities,  and 
to  amend  the  charters  thereof.  Approved  February  27, 
1854 — Laws  of  1854,  page  11.* 

An  Act  to  amend  the  charters  of  the  several  towns  and  cities 
in.  this  State.  Approved  March  1,  1854 — Laws  of  1854, 
page  22. 

An  Act  to  reduce  the  act  incorporating  the  City  of  Spring- 
field,  and  the  several  acts  amendatory  thereof,  into  one 
act,  and  to  amend  the  same.  Approved  March  2,  1854 — 
Private  Laws  of  1854,  page  35.! 

An  Act  to  amend  the  charter  of  the  City  of  Springfield. 
Approved  February  14,  1855 — Private  Laws  of  1855, 
page  75. 

An  Act  to  repeal  the  sixth  and  seventh  sections  of  an  act 
entitled  “An  act  to  amend  the  charter  of  the  City  of 
Springfield,”  approved  February  14,  1855;  and  also  sec- 
tion four  (4)  of  article  thirteen  (13)  of  an  act  entitled 
“An  act  to  reduce  the  act  incorporating  the  City  of 
Springfield,  and,  the  several  acts  amendatory  thereof, 
into  one  act,  and  to  amend  the  same,”  approved  March 
2,  1854.  Approved  February  16,  1857 — Private  Laws  of 
1857,  page  1050. 

An  Act  to  amend  an  act  entitled  “An  act  to  amend  the 
charter  of  the  City  of  Springfield,”  approved  February 
14,  1855 ; and  to  amend  certain  sections  of  the  said 
charter  of  the  said  City  of  Springfield.  Approved  Feb- 
ruary 18,  1857 — Private  Laws  of  1857,  page  1229. 

An  Act  to  amend  the  charter  of  the  City  of  Springfield. 
Approved  February  18,  1859 — Private  Laws  of  lc59, 
page  269. 

An  Act  to  amend  the  charter  of  the  City  of  Springfield. 
Approved  February  21,  1861 — Private  Laws  of  1861, 
page  277. 


* This  act  first  established  police  magistrates’  courts  in  the  State, 
t The  act  of  March  2, 1854.  with  iits  successive  amendments,  continued  in 
force  as  the  charter  of  the  City  of  Springfield  until  April  4, 1882,  when,  by  vote  of 
the  electors  of  the  city,  the  same  became  incorporated  under  the  general  incor- 
poration law  of  1872. 

—27 


418 


APPENDIX. 


An  Act  to  amend  the  charter  of  the  City  of  Springfield^ 
Approved  February  16,  1865 — Private  Laws  of  1865. 

An  Act  to  amend  the  charter  of  the  City  of  Springfield. 
Approved  March  29,  1869— Private  Laws  of  1869,  vol.  II, 
page  241. 

An  Act  to  incorporate  the  Springfield  Gas  Light  Company. 
Approved  February  27,  1854 — Private  Laws  of  *1854, 
(special  session),  page  189. 

An  Act  to  incorporate  the  managers  of  Oak  Kidge  Cemetery. 
Approved  March  2,  1869 — Private  Laws  of  1869,  vol.  I, 
page  319.* 

An  Act  to  authorize  the  election  of  supervisors  in  the  vari- 
ous wards  of  the  City  of  Springfield,  Illinois.  Approved 
February  16,  1863 — Private  Laws  of  1863,  page  170. 

An  Act  to  divide  the  town  of  Springfield  into  election  dis- 
tricts. Approved  February  19,  1867 — Private  Laws  of 
1867,  vol.  I,  page  917. 


*No  organization  was  ever  effected  under  the  provisions  of  this  act,  the 
same  having  been  considered  unconstitutional. 


POPULATION 


OF  THE 


CITY  OF  SPKINGFIELD  AT  SUCCESSIVE  DECADES. 


Federal  Census,  1840 2,579 

“ " 1850 4,533 

“ “ 1860 9,320 

“ . " 1870 17,364 

" “ 1880 19,743* 


* The  last  enumeration  does  not  include  the  villages  of  North  and  West 
Springfield,  which  properly  belcng  to  the  city,  and  whose  added  inhabitants 
would  increase  the  total  population  to  25,000. 


CONSTITUTION 


OF  THE 

STATE  OF  ILLINOIS. 


Adopted  in  convention  May  13, 1870;  ratified  by  the  people 
July  2,  1870;  in  force  August  8, 1870. 


PREAMBLE. 

We,  the  people  of  the  State  of  Illinois — grateful  to  Almighty  God  for  the 
civil,  political  and  religious  liberty  which  He  hath  so  long  permitted  us  to 
enjoy,  and  looking  to  Him  for  a blessing  upon  our  endeavors  to  secure  and 
transmit  the  same  unimpaired  to  succeeding  generations — in  order  to  form  a 
more  perfect  government,  establish  justice,  insure  domestic  tranquility,  pro- 
vide for  the  common  defense,  promote  the  general  welfare,  and  secure  the 
blessings  of  liberty  to  ourselves  and  ‘our  posterity,  do  ordain  and  establish 
this  Constitution  for  the  State  of  Illinois.-’- 

ARTICLE  I. 

Boundaries. — The  boundaries  and  jurisdiction  of  the  State  shall  be  as 
follows,  to-wit:  Beginning  at  the  mouth  of  the  Wabash  river,  thence  up  the 
same,  and  with  the  line  of  Indiana,  to  the  northwest  corner  of  said  State; 
thence  east,  with  the  line  of  the  same  State,  to  the  middle  of  lake  Michigan; 
thence  north  along  the  middle  of  said  lake,  to  north  latitude  42  degrees  and 
30  minutes;  thence  west  to  the  middle  of’ the  Mississippi  river,  and  thence 
down  along  the  middle  of  that  river  to  its  confluence  with  the  Ohio  river,  and 
thence  up  the  latter  river,  along  its  northwestern  shore,  to  the  place  of  begin- 
ing;  Provided,  that  this  State  shall  exercise  such  jurisdiction  upon  the 
Ohio  river,  as  she  is  now  entitled  to,  or  such  as  may  hereafter  be  agreed  upon 
by  this  State  and  the  State  of  Kentucky. 


*A  constitution  must  be  expounded  in  its  plain  and  obvious  meaning;  but  it 
a literal  meaning  involves  a manifest  absurdity,  it  should  never  be  adopted. 
The  People  vs.  McRoberts,  etc.,  4 Legal  News.  227.  See,  also.  The  People  vs. 
Marshall,  1 Gilman,  672. 


CONSTITUTION  OF  THE  STATE  OF  ILLINOIS. 


421 


ARTICLE  II. 

BILL  OF  RIGHTS. 

Section  1.  All  men  are  by  nature  free  and  independent,  and  have  certain 
inherent  and  inalienable  rights — among  these  are  life,  liberty  and  the  pur- 
suit of  happiness.  To  secure  these  rights  and  the  protection  of  property, 
governments  are  instituted  among  men,  deriving  their  just  powers  from  the 
consent  of  the  governed. 

f 2.  No  person  shall  be  deprived  of  life,  liberty  or  property,  without  due 
process  of  law.-^' 

§ 3.  The  free  exercise  and  enjoyment  of  religious  profession  and  worship, 
without  discrimination,  shall  forever  be  guaranteed ; and  no  person  shall  be 
denied  any  civil  or  political  right,  privilege  or  capacity,  on  account  of  his 
religious  opinions;  but  the  liberty  of  conscience  hereby  secured  shall  not  be 
construed  to  dispense  with  oaths  or  affirmations,  excuse  acts  of  licentious- 
ness, or  justify  practices  inconsistent  with  the  peace  or  safety  of  the  State. 
No  person  shall  be  required  to  attend  or  support  any  ministry  or  place  of 
worship  against  his  consent,  nor  shall  any  preference  be  given  by  law  to  any 
religious  denomination  or  mode  of  worship. 

§ 4.  Every  person  may  freely  speak,  write  and  publish  on  all  subjects, 
being  responsible  for  the  abuse  of  that  liberty;  and  in  all  trials  for  libel,  both 
civil  and  criminal,  the  truth,  when  published  with  good  motives  and  for  jus- 
tifiable ends,  shall  be  a sufficient  defense. 

§ 5.  The  right  of  trial  by  jury,  as  heretofore  enjoyed,  shall  remain  invio- 
late; but  the  trial  of  civil  cases  before  justices  of  the  peace  by  a jury  of  less 
than  twelve  men,  may  be  authorized  by  law. 

g 6.  The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers 
and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be  v iolated; 
and  no  warrant  shall  issue  without  probable  cause,  supported  by  affidavit, 
particularly  describing  the  place  to  be  searched,  and  the  persons  or  things  to 
be  seized. 

§ 7.  All  persons  shall  be  bailable  by  sufficient  sureties,  except  for  capital 
offenses,  where  the  proof  is  evident  or  the  presumption  great;  and  the  privi- 
lege of  the  writ  of  habeas  corpus  shall  not  be  suspended,  unless  when  in 
cases  of  rebellion  or  invasion  the  public  safety  may  require  it. 

§ 8.  No  person  shall  be  held  to  answer  for  a criminal  offense,  unless  on 
indictment  of  a grand  jury,  except  in  cases  in  which  the  punishment  is  by 
fine,  or  imprisonment  otherwise  than  in  the  penitentiary,  in  cases  of  impeach- 
ment, and  in  cases  arising  in  the  army  and  navy,  or  in  the  militia  when  in 
actual  service  in  time  of  war  or  public  danger : Provided,  that  the  grand 
jury  may  be  abolished  by  law  in  all  cases. 

g 9.  In  all  criminal  prosecutions  the  accused  shall  have  the  right  to  ap- 
pear and  defend  in  person  and  by  counsel;  to  demand  the  nature  and  cause 
of  the  accusation,  and  to  have  a copy  thereof;  to  meet  the  witnesses  face  to 
face,  and  to  have  process  to  compel  the  attendance  of  witnesses  in  his  behalf, 
and  a speedy  public  trial  by  an  impartial  jury  of  the  county  or  district  in 
which  the  offense  is  alleged  to  have  been  committed. 


*Ordinances  authorizing  summary  proceedings  for  the  assessment  of  dam- 
ages, without  judicial  ascertainment,  are  in  violation  of  this  section,  and 
therefore  unconstitutional.  Poppen  vs.  Holmes,  44  111.360;  Bullock  vs.  Geomble, 
45  111.  218. 


422 


CONSTITUTION  OF  THE 


§ 10.  No  person  shall  be  compelled,  in  any  criminal  case,  to  give  evidence 
against  himself,  or  to  be  twice  put  in  jeopardy  for  the  same  offense. 

§ 11.  All  penalties  shall  be  proportioned  to  the  nature  of  the  offense;  and 
no  conviction  shall  work  corruption  of  blood  or  forfeiture  of  estate;  nor  shall 
any  person  be  transported  out  of  the  State  for  any  offense  committed  within 
the  same. 

§ 12.  No  person  shall  be  imprisoned  for  debt,  unless  upon  refusal  to  de- 
liver up  his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as  shall  be 
prescribed  by  law;  or  in  cases  where  there  is  strong  presumption  of  fraud. 

§ 13.  Private  property  shall  not  be  taken  or  damaged  for  public  use  with- 
out just  compensation.  Such  compensation,  when  not  made  by  the  State, 
shall  be  ascertained  by  a jury,  as  shall  be  prescribed  by  law.  The  fee  of 
land  taken  for  railroad  tracks,  without  consent  of  the  owners  thereof,  shall 
remain  in  such  owners,  subject  to  the  use  for  which  it  is  taken. 

^ 14.  No  ex  post  facto  law,  or  law  impairing  the  obligation  of  contracts,  or 
making  any  irrevocable  grant  of  special  privileges  or  immunities,  shall  be 
passed. 

§ 15.  The  military  shall  be  in  strict  subordination  to  the  civil  power. 

§ 16.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house  without 
the  consent  of  the  owner;  nor  in  time  of  war,  except  in  the  manner  pre- 
scribed by  law. 

§ 17.  The  people  have  the  right  to  assemble  in  a peaceable  manner  to  con-- 
suit  for  the  common  good,  to  make  known  their  opinions  to  their  representa- 
tives, and  to  apply  for  redress  of  grievances. 

^ 18.  All  elections  shall  be  free  and  equal. 

§ 19.  Every  person  ought  to  find  a certain  remedy  in  the  laws  for  all  in- 
juries and  wrongs  which  he  may  receive  in  his  person,  property  or  reputation; 
he  ought  to  obtain,  bylaw,  right  and  justice  freely,  and  without  being  obliged 
to  purchase  it,  completely  and  without  denial,  promptly  and  without  delay. 

^ 20.  A frequent  recurrence  to  the  fundamental  principles  of  civil  govern- 
ment is  absolutely  necessary  to  preserve  the  blessings  of  liberty. 

ARTICLE  III. 

Distribution  of  powers. — The  powers  of  the  Government  of  this  State  are 
divided  into  three  distinct  departments — the  Legislative,  Executive  and  Judi- 
cial; and  no  person,  or  collection  of  persons,  being  one  of  these  departments, 
shall  exercise  any  power  properly  belonging  to  either  of  the  others,  except  as 
hereinafter  expressly  directed  or  permitted. 

ARTICLE  IV. 

LEGISLATIVE  DEPARTMENT. 

Section  1.  The  legislative  power  shall  be  vested  in  a General  Assembly, 
which  shall  consist  of  a Senate  and  House  of  Representatives,  both  to  be 
elected  by  the  people. 

Election. — § 2.  An  election  for  members  of  the  general  assembly  shall  be 
hMd  on  the  Tuesday  next  after  the  first  Monday  in  November,  in  the  year  of 
our  Lord  1870,  and  every  two  years  thereafter,  in  each  county,  at  such  places 
therein  as  may  be  provided  by  law.  When  vacancies  occur  in  either  house, 
the  governor,  or  person  exercising  the  powers  of  governor,  shall  issue  writs 
of  election  to  fill  such  vacancies. 


STATE  OF  ILLINOIS. 


423 


Eligibility  and  oath. — ^ 3.  No  person  shall  be  a senator  who  shall  not 
have  attained  the  age  of  twenty-five  years,  or  a representative  who  shall  not 
have  attained  the  age  of  twenty-one  years.  No  person  shall  be  a senator  or 
representative  who  shall  not  be  a citizen  of  the  United  States,  and  who  shall 
not  have  been  for  five  years  a resident  of  this  State,  and  for  two  years  next 
preceding  his  election  a resident  within  the  territory  forming  the  district 
from  which  he  is  elected.  No  judge  or  clerk  of  any  court,  secretary  of  State, 
attorney  general.  State’s  attorney,  recorder,  sheriff,  or  collector  of  public 
revenue,  member  of  either  house  of  congress,  or  person  holding  any  lucrative 
ofiice  under  the  United  States  or  this  State,  or  any  foreign  government,  shall 
have  a seat  in  the  general  assembly:  Provided,  that  appointments  in  the 
militia,  and  the  offices  of  notary  public  and  justice  of  the  peace,  shall  not  be 
considered  lucrative.  Nor  shall  any  person  holding  any  office  of  honor  or 
profit  under  any  foreign  government,  or  under  the  government  of  the  United 
States,  (except  postmasters  whose  annual  compensation  does  not  exceed  the 
sum  of  $300,)  hold  any  office  of  honor  or  profit  under  the  authority  of  this 
State. 

§ 4.  No  person  who  has  been,  or  hereafter  shall  be,  convicted  of  bribery, 
perjury,  or  other  infamous  crime,  tior  any  person  who  has  been,  or  may  be,  a 
collector  or  holder  of  public  moneys,  who  shall  not  have  accounted  for  and 
paid  over,  according  to  law,  all  such  moneys  due  from  him,  shall  be  eligible 
to  the  general  tissernbly,  or  to  any  office  of  profit  or  trust  in  this  State. 

§ 5.  Members  of  the  general  assembly,  before  they  enter  upon  their  official 
duties,  shall  take  and  subscribe  the  following  oath  or  affirmation: 

I do  solemnly  swear  (or  affirm)  that  I will  support  the  constitution  of  the 
United  States  and  the  constitution  of  the  State  of  Illinois,  and  will  faithfully 
discharge  the  duties  of  senator  (or  representative)  according  to  the  best  of  my 
ability;  and  that  I have  not.  knowingly  or  intentionally,  paid  or  contributed 
anything,  or  made  any  promise  in  the  nature  of  a bribe,  to  directly  or  indirectly 
influence  any  vote  at  the  election  at  which  I was  chosen  to  All  the  said  office, 
and  have  not  accepted,  nor  will  I accept  or  receive,  directly  or  indirectly,  any 
money  or  other  valuable  thing,  from  any  corporation,  company  or  person,  for 
any  vote  or  influence  I may  give  or  withhold  on  any  bill,  resolution,  or  appro- 
priation, or  for  any  other  official  act. 

This  oath  shall  be  administered  by  a judge  of  the  supreme  or  circuit  court, 
in  the  hall  of  the  house  to  which  the  member  is  elected,  and  the  secretary  of 
State  shall  record  and  file  the  oath  subscribed  by  each  member.  Any  mem- 
ber who  shall  refuse  to  take  the  oath  herein  prescribed  shall  forfeit  his  office, 
and  every  member  who  shall  be  convicted  of  having  sworn  falsely  to,  or  of 
violating,  his  said-oath,  shall  forfeit  his  office,  and  be  disqualified  thereafter 
from  holding  any  office  of  profit  or  trust  in  this  State. 

Apportionment — senatorial. — g 6.  The  general  assembly  shall  apportion 
the  State  every  ten  years,  beginning  Avith  the  year  1871,  by  dividing  the  pop- 
ulation of  the  State,  as  ascertained  by  the  federal  census,  by  the  number  51, 
and  the  quotient  shall  be  the  ratio  of  representation  in  the  senate.  The 
State  shall  be  divided  into  fifty-one  senatorial  districts,  each  of  which  shall 
«lect  one  senator,  whose  term  of  office  shall  be  four  years.  The  senators 
elected  in  the  year  of  our  Lord  1872,  in  districts  bearing  odd  numbers,  shall 
vacate  their  offices  at  the  end  of  two  years,  and  those  elected  in  districts  bear- 
ing even  numbers,  at  the  end  of  four  years;  and  vacancies  occuring  by  the 
expiration  of  term  shall  be  filled  by  the  election  of  senators  for  the  full  term. 
Senatorial  districts  shall  be  formed  of  contiguous  and  compact  territory, 
bounded  by  county  lines,  and  contain,  as  nearly  as  practicable,  an  equal  num- 
ber of  inhabitants  ; but  no  district  shall  contain  less  than  four-fifths  of  the 
senatorial  ratio.  Counties  containing  not  less  than  the  ratio  and  three- 
fourths,  may  be  divided  into  separate  districts,  and  shall  be  entitled  to  two 
senators,  and  to  one  additional  senator  ^or  each  number  of  inhabitants  equal 
to  the  ratio,  contained  by  such  counties  in  excess  of  twice  the  number  of  said 
ratio. 


424 


CONSTITUTION  OF  THE 


Minority  representation. — ^ ^ 7 and  8.  The  house  of  representatives 
shall  consist  of  three  times  the  number  of  the  members  of  the  senate,  and  the 
term  of  office  shall  be  two  years.  Three  representatives  sliall  be  elected  in 
each  senatorial  district  at  the  general  election  in  the  year  of  our  Lord  1872, 
and  every  two  years  thereafter.  In  all  elections  of  representatives  aforesaid, 
each  qualified  voter  may  cast  as  many  votes  for  one  candidate  as  there  are 
representatives  to  be  elected,  or  may  distribute  the  same,  or  equal  parts 
thereof,  among  the  candidates  as  he  shall  see  fit;  and  the  candidates  highest 
in  votes  shall  be  declared  elected. 

Time  of  meeting  and  general  rules. — ^ 9.  The  sessions  of  the  general 
assembly  shall  commence  at  12  o’clock  noon,  on  the  Wednesday  next  after  the 
first  Monday  in  January,  in  the  year  next  ensuing  the  election  of  members 
thereof,  and  at  no  other  time,  unless  provided  by  this  constitution.  A major- 
ity of  the  members  elected  to  each  house  shall  constitute  a quorum.  Each 
house  shall  determine  the  rules  of  its  proceedings,  and  be  the  judge  of  the 
election,  returns  and  qualifications  of  its  members;  shall  choose  its  own 
officers;  and  the  senate  shall  choose  a temporary  president  to  preside  when 
the  lieutenant-governor  shall  not  attend  as  president  or  shall  act  as  governor. 
The  secretary  of  State  shall  call  the  house  of  representatives  to  order  at  the 
opening  of  each  new  assembly,  and  preside  over  it  until  a temporary  presid- 
ing officer  thereof  shall  have  been  chosen  and  shall  have  taken  his  seat.  No 
member  shall  be  expelled  by  either  house,  except  by  a vote  of  two-thirds  of 
all  the  members  elected  to  that  house,  and  no  member  shall  be  twice  expelled 
for  the  same  offense.  Each  house  may  punish  by  imprisonment  any  person, 
not  a member,  who  shall  be  guilty  of  disrespect  to  the  house  by  disorderly  or 
contemptuous  behavior  in  its  presence.  But  no  such  imprisonment  shall  ex- 
tend beyond  twenty-four  hours  at  one  time,  unless  the  person  shall  persist  in 
such  disorderly  or  contemptuous  behavior. 

§ 10.  The  doors  of  each  house  and  of  committees  of  the  whole,  shall  be 
kept  open,  except  in  such  cases  as,  in  the  opinion  of  the  house,  require  se- 
crecy. Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  two  days,  or  to  any  other  place  than  that  in  which  the  two  houses 
shall  be  sitting.  Each  house  shall  keep  a journal  of  its  proceedings,  which 
shall  be  published.  In  the  senate  at  the  request  of  two  members,  and  in  the 
house  at  the  request  of  five  members,  the  yeas  and  nays  shall  be  taken  on 
any  question,  and  entered  upon  the  journal.  Any  two  members  of  either 
house  shall  have  liberty  to  dissent  from  and  protest,  in  respectful  language, 
against  any  act  or  resolution  which  they  think  injurious  to  the  public  or  to 
any  individual,  and  have  the  reasons  of  their  dissent  entered  upon  the 
journals. 

Etyle  of  laws  and  passage  of  bills. — § 11.  The  style  of  the  laws  of  this 
State  shall  be : Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly. 

g 12.  Bills  may  originate  in  either  house,  but  may  be  altered,  amended  or 
rejected  by  the  other;  and  on  the  final  passage  of  all  bills,  the  vote  shall  be 
by  yeas  and  nays,  upon  each  bill  separately,  and  shall  be  entered  upon  the 
journal;  and  no  bill  shall  become  a law  without  the  concurrence  of  a majority 
of  the  members  elected  to  each  house. 

g 13.  Every  bill  shall  be  read  at  large  on  three  different  days,  in  each 
house;  and  the  bill  and  all  amendments  thereto  shall  be  printed  before  the 
vote  is  taken  on  its  final  passage  ; and  every  bill,  having  passed  both  houses. 


Note.— By  the  adoption  of  minority  representation,  § § 7 and  8 of  this  article 
cease  to  be  a part  of  the  constitution.  Under  § 12  of  the  scheduie,  and  the  vote 
of  adoption,  the  above  section  relating  to  minority  representation  is  substituted 
for  said  sections. 


STATE  OF  ILLINOIS. 


425 


shall  be  signed  by  the  speakers  thereof.  No  act  hereafter  passed  shall  em- 
brace more  than  one  subject,  and  that  shall  be  expressed  in  the  title.  But  if 
any  subject  shall  be  embraced  in  an  act  which  shall  not  be  expressed  in  the 
title,  such  act  shall  be  void  only  as  to  so  much  thereof  as  shall  not  be  so  ex- 
pressed; and  no  law  shall  be  revived  or  amended  by  reference  to  its  title 
only,  but  the  law  revived,  or  the  section  amended,  shall  be  inserted  at  length 
in  the  new  act.  And  no  act  of  the  general  assembly  shall  take  effect  until 
the  first  day  of  July  next  after  its  passage,  unless,  in  case  of  emergency, 
(which  emergency  shall  be  expressed  in  the  preamble  or  body  of  the  act,)  the 
general  assembly  shall,  by  a vote  of  two-thirds  of  all  the  members  elected  to 
each  house,  otherwise  direct.* 

Privileges  and  disabilities. — § 14.  Senators  and  representatives  shall, 
in  all  cases,  except  treason,  felony  or  breach  of  the  peace,  be  privileged  from 
arrest  during  the  session  of  the  general  assembly,  and  in  going  to  and  return- 
ing from  the  same;  and  for  any  speech  or  debate  in  either  house,  they  shall 
not  be  questioned  in  any  other  place. 

§ 15.  No  person  elected  to  the  general  assembly  shall  receive  any  civil 
appointment  within  this  State  from  the  governor,  the  governor  and  senate,  or 
from  the  general  assembly,  during  the  term  for  which  he  shall  have  been 
elected;  and  all  such  appointments,  and  all  votes  given  for  any  such  mem- 
bers for  any  such  office  or  appointment,  shall  be  void;  nor  shall  any  member 
of  the  general  assembly  be  interested,  either  directly  or  indirectly,  in  any 
contract  with  the  State,  or  any  county  thereof,  authorized  by  any  law  passed 
during  the  term  for  which  he  shall  have  been  elected,  or  within  one  year  after 
the  expiration  thereof. 

Public  moneys  and  appropriations. — ^ 16.  The  general  assembly  shall 
make  no  appropriation  of  money  out  of  the  treasury  in  any  private  law.  Bills 
making  appropriations  for  the  pay  of  members  and  officers  of  the  general 
assembly,  and  for  the  salaries  of  the  officers  of  the  government,  shall  contain 
no  provision  on  any  other  subject. 

g 17.  No  money  shall  be  drawn  from  the  treasury  except  in  pursuance  of 
an  appropriation  made  by  law,  and  on  the  presentation  of  a warrant  issued  by 
the  auditor  thereon;  and  no  money  shall  be  diverted  from  any  appropriation 
made  for  any  purpose,  or  taken  from  any  fund  whatever,  either  by  joint  or 
separate  resolution.  The  auditor  shall,  within  sixty  days  after  the  tidjourn- 
ment  of 'each  session  of  the  general  assembly,  prepare  and  publish  a full 
statement  of  all  money  expended  at  such  session,  specifying  the  amount  of 
each  item,  and  to  whom  and  for  what  paid. 

^ 18.  Each  general  assembly  shall  provide  for  all  the  appropriations  neces- 
sary for  the  ordinary  and  contingent  expenses  of  the  government  until  the 
expiration  of  the  first  fiscal  quarter  after  the  adjournment  of  the  next  regular 
session,  the  aggregate  amount  of  which  shall  not  be  increased  without  a vote 
of  two-thirds  of  the  members  elected  to  each  house,  nor  exceed  the  amount  of 
revenue  authorized  by  law  to  be  raised  in  such  time;  and  all  appropriations, 
general  or  special,  requiring  money  ro  be  paid  out  of  the  State  treasury, 
from  funds  belonging  to  the  State,  shall  end  with  such  fiscal  quarter:  Pro- 
vided, the  State  may,  to  meet  casual  deficits,  or  failures  in  revenues,  contract 
debts,  never  to  exceed,  in  the  aggregate,  $250,000;  and  moneys  thus  bor- 
rowed shall  be  applied  to  the  purpose  for  which  they  were  obtained,  or  to  pay 
the  debt  thus  created,  and  to  no  other  purpose;  and  no  other  debt,  except  for 
the  purpose  of  repelling  invasion,  suppressing  insurrection,  or  defending  the 
State  in  war,  (for  payment  of  which  the  faith  of  the  State  shall  be  pledged). 


*If  portions  of  an  act  are  constitutional,  and  a portion  is  not,  such  portions 
as  are  free  from  objection  may  be  executed  and  enforced.  Nelson  vs.  The 
People,  33  111.  390. 


426 


CONSTITUTION  OF  THE 


shall  be  contracted,  unless  the  law  authorizing  the  same  shall,  at  a general 
election,  have  been  submitted  to  the  people,  and  have  received  a majority  of 
the  votes  cast  for  members  of  the  general  assembly  at  such  election.  The 
general  assembly  shall  provide  for  the  publication  of  said  law  for  three 
montlis,  at,  least,  before  the  vote  of  the  people  shall  be  taken  upon  the  same; 
and  provision  shall  be  made,  at  tlie  time,  for  the  payment,  of  the  interest  an- 
nually, as  it  shall  accrue,  by  a tax  levied  for  the  purpose,  or  from  other 
sources  of  revenue;  which  law,  providing  for  the  payment  of  such  interest 
by  such  tax,  shall  be  irrepealable  until  such  debt  be  paid:  And  provided, 
further,  that  the  law  levying  the  tax  shall  be  submitted  to  the  people  with  the 
law  authorizing  the  debt  to  be  contracted. 

§ 19.  The  general  assembly  shall  never  grant  or  authorize  extra  compen- 
sation, fee  or  allowance  to  any  public  officer,  agent,  servant  or  contractor, 
after  service  has  been  rendered  or  a contract  made,  nor  authorize  the  pay- 
ment of  any  claim,  or  part  thereof,  hereafter  created  against  the  State  under 
any  agreement  or  contract  made  without  express  authority  of  law  ; and  all 
such  unauthorized  agreements  or  contracts  shall  be  null  and  void:  Provided, 
the  general  assembly  may  make  appropriations  for  expenditures  incurred  in 
suppressing  insurrection  or  repelling  invasion. 

^ 20.  The  State  shall  never  pay,  assume  or  become  responsible  for  the 
debts  or  liabilities  of,  or  in  any  manner  give,  loan  or  extend  its  credit  to,  or 
in  aid  of,  any  public  or  other  corporation,  association  or  individual. 

Pay  OF  MEMBERS. — § 21.  The  members  of  the  general  assembly  shall  re- 
ceive for  their  services  the  sum  of  $5  per  day,  during  the  first  session  held 
under  this  constitution,  and  10  cents  for  each  mile  necessarily  traveled  in 
going  to  and  returning  from  the  seat  of  government,  to  be  computed  by  the 
auditor  of  public  accounts;  and  thereafter,  such  compensation  as  shall  be 
prescribed  by  law,  and  no  other  allowance  or  emolument,  directly  or  indirectly, 
for  any  purpose  whatever,  except  the  sum  of  $50  per  session  to  each  member, 
which  shall  be  in  full  for  postage,  stationer^',  newspapers,  and  all  other  inci- 
dental expenses  and  perquisites;  but  no  change  shall  be  made  in  the  compen- 
sation of  members  of  the  general  assembly  during  the  term  for  which  they 
may  have  been  elected.  The  pay  and  mileage  allowed  to  each  member  of  the 
general  assembly  shall  be  certified  to  by  the  speakers  of  their  respective 
houses,  and  entered  on  the  journals,  and  published  at  the  close  of  each  ses- 
sion. 

Special  legislation  prohibited. — g 22.  The  general  assembly  shall  not 
pass  locator  special  laws  in  any  of  the  following  enumerated  cases,  that  is  to 
say : for 

Granting  divorces; 

Changing  the  names  of  persons  or  places; 

Laying  out,  opening,  altering  and  working  roads  or  highways; 

Vacating  roads,  town  plats,  streets,  alleys  and  public  grounds; 

Locating  or  changing  county  seats; 

Regulating  county  and  township  affairs; 

Regulating  the  practice  in  courts  of  justice; 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace,  police  magis- 
trates, and  constables; 

Providing  for  changes  of  venue  in  civil  and  criminal  cases; 

Incorporating  cities,  towns  or  villages,  or  changing  or  amending  the  charter 
of  any  town,  city  or  village; 


STATE  OF  ILLINOIS. 


427 


Providing  for  the  election  of  members  of  the  board  of  supervisors  in  town- 
ships, incorporated  towns  or  cities; 

Summoning  or  impaneling  grand  or  petit  juries; 

Providing  for  the  management  of  common  schools; 

Regulating  the  rate  of  interest  on  money; 

The  opening  and  conducting  of  any  election,  or  designating  the  place  of 
voting ; 

The  sale  or  mortgage  of  real  estate  belonging  to  minors  or  others  under  dis- 
ability ; 

The  protection  of  game  or  fish; 

Chartering  or  licensing  ferries  or  toll  bridges; 

Remitting  fines,  penalties  or  forfeitures; 

Creating,  increasing  or  decreasing  fees,  percentage  or  allowances  of  public 
offices,  during  the  term  for  which  said  officers  are  elected  or  appointed  ; 

Changing  the  law  of  descent;  . 

Granting  to  any  corporation,  association  or  individual  the  right  to  lay 
down  railroad  tracks,  or  amending  existing  charters  for  such  purpose; 

Granting  to  any  corporation,  association  or  individual  any  special  or  ex- 
clusive privilege,  immunity  or  franchise  whatever; 

In  all  other  cases  where  a general  law  can  be  made  applicable,  no  special 
law  shall  be  enacted. 

§ 23.  The  general  assembly  shall  have  no  power  to  release  or  extinguish, 
in  whole  or  in  part,  the  indebtedness,  liability  or  obligation  of  any  corporation 
or  individual  to  this  State,  or  to  any  municipal  corporation  therein. 

Impeachment. — ^ 24.  The  house  of  representatives  shall  have  the  sole 
power  of  impeachment;  but  a majority  of  all  the  members  elected  must  con- 
cur therein.  All  impeachments  shall  be  tried  by  the  senate;  and  when  sit- 
ting for  that  purpose,  the  senators  shall  be  upon  oath,  or  affirmation,  to  do 
justice  according  to  law  and  evidence.  When  the  governor  of  the  State  is 
tried,  the  chief  justice  shall  preside.  No  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  senators  elected.  But  judgment,  in  such 
cases,  shall  not  extend  further  than  removal  from  office,  and  disqualification 
to  hold  any  office  of  honor,  profit  or  trust  under  the  government  of  this  State. 
Tiie  party,  whether  convicted  or  acquitted,  shall,  nevertheless,  be  liable  to 
prosecution,  trial,  judgment  and  punishment,  according  to  law. 

Miscellaneous. — § 25.  The  general  assembly  shall  provide,  by  law, 
that  the  fuel,  stationery,  and  printing  paper  furnished  for  the  use  of  the  State; 
the  copying,  printing,  binding  and  distributing  the  laws  and  journals,  and  all 
other  priming  ordered  by  the  general  assembly,  shall  be  let  by  contract  to 
the  lowest  responsible  bidder;  but  the  general  assembly  shall  fix  a maximum 
price;  and  no  member  thereof,  or  other  officer  of  the  State,  shall  be  inter- 
ested, directly  or  indirectly,  in  such  contract.  But  all  such  contracts  shall  be 
subject  to  the  approval  of  the  governor,  and  if  he  disapproves  the  same,  there 
shall  be  a re-letting  of  the  contract,  in  such  manner  as  shall  be  prescribed  by 
law. 

§ 26.  The  State  of  Illinois  shall  never  be  made  defendant  in  any  court  of 
law  or  equity. 

§ 27.  The  general  assembly  shall  have  no  power  to  tiuthorize  lotteries  or 
gift  enterprises,  for  any  purpose,  and  shall  pass  laws  to  prohibit  the  sale  of 
lottery  or  gift  enterprise  tickets  in  this  State. 


428 


CONSTITUTION  OF  THE 


§ 28.  No  law  shall  be  passed  which  shall  operate  to  extend  the  term  of 
any  public  officer  after  his  election  or  appointment. 

§ 29.  It  shall  be  the  duty  of  the  general  assembly  to  pass  such  laws  as  may 
be  necessary  for  the  protection  of  operative  miners,  by  providing  for  ventila- 
tion, when  the  same  may  be  required,  and  the  construction  of  escapement 
shafts,  or  such  other  appliances  as  may  secure  safety  in  all  coal  mines,  and 
to  provide  for  the  enforcement  of  said  laws  by  such  penalties  and  punish- 
ments, as  may  be  deemed  proper. 

^ 30.  The  general  assembly  may  provide  for  establishing  and  opening  roads 
and  cartways,  connected  with  a public  road,  for  private  and  public  use. 

§ 31.  The  general  assembly  may  pass  laws  permitting  the  owners  or  occu- 
pants of  lands  to  construct  drains  and  ditches,  for  agricultural  and  sanitary 
purposes,  across  the  lands  of  others. 

§ 32.  The  general  assembly  shall  pass  liberal  homestead  and  exemption 
laws. 

§ 33.  The  general  assembly  shall  not  appropriate  out  of  the  State  treasury, 
or  expend  on  account  of  the  new  capital  grounds,  and  construction,  completion, 
and  furnishing  of  the  State  house,  a sum  exceeding,  in  the  aggregate,  $3,500,- 
000,  inclusive  of  all  appropriations  heretofore  made,  without  first  submitting 
tlie  proposition  for  an  additional  expenditure  to  the  legal  voters  of  the  State, 
at  a general  election;  nor  unless  a majority  of  all  the  votes  cast  at  such  elec- 
tion shall  be  for  the  proposed  additional  expenditure. 

ARTICLE  V. 

EXECUTIVE  DEPARTMENT. 

Executive  department.  — Section  1.  The  executive  department  shall 
consist  of  a Governor,  Lieutenant-Governor,  Secretary  of  State,  Auditor  of 
Public  Accounts,  Treasurer,  Superintendent  of  Public  Instruction,  and  Attor- 
ney-General, who  shall,  each,  with  the  exception  of  the  treasurer,  hold  his 
office  for  the  term  of  four  years  fi'om  the  second  Monday  of  January  next 
after  his  election,  and  until  his  successor  is  elected  and  qualified.  They  shall, 
except  the  lieutenant-governor,  reside  at  the  seat  of  government  during  their 
term  of  office,  and  keep  the  public  records,  books  and  papers  there,  and  shall 
perform  such  duties  as  may  be  prescribed  by  law. 

§ 2.  The  treasurer  shall  hold  his  office  for  the  term  of  two  years,  and  until 
his  successor  is  elected  and  qualified  ; and  sliall  be  ineligible  to  said  office 
for  two  years  next  after  the  end  of  the  term  for  which  he  was  elected.  He 
may  be  required  by  the  governor  to  give  reasonable  additional  security,  and 
in  default  of  so  doing  his  office  shall  be  deemed  vacant. 

Election.  — ^ 3.  An  election  for  governor,  lieutenant-governor,  secretary 
of  State,  auditor  of  public  accounts,  and  attorney  general,  shall  be  held  on 
the  Tuesday  next  after  the  first  Monday  of  November,  in  the  year  of  our  Lord 
1872,  and  every  four  years  thereafter;  for  superintendent  of  public  instruc- 
tion, on  the  Tuesday  next  after  the  first  Monday  of  November  in  the  year  1870, 
and  every  four  years  thereafter;  and  for  treasurer  on  the  day  last  above 
mentioned,  and  every  twoyetirs  thereafter,  at  such  places  and  in  such  manner 
as  may  be  prescribed  by  law. 

§ 4.  The  returns  [of  every  election  for  the  above  named  officers  shall  be 
sealed  up  and  transmitted,  by  the  returning  officers,  to  the  secretary  of  State, 
directed  to  “The  Speaker  of  the  House  of  Representatives,”  who  shall,  imme- 
diately after  the  the  organiztition  of  the  house,  and  before  proceeding  to  other 


STATE  OF  ILLINOIS. 


429 


business,  open  and  publish  the  same  in  Mie  presence  of  a majority  of  each 
house  of  the  general  assembly,  who  shall,  for  that  pnrpose,  assemble  in  the 
hall  of  the  house  of  representatives.  The  person  having  the  highest  number 
of  votes  for  either  of  said  offices  shall  b^  declared  duly  elected;  but  if  two  or 
more  have  an  equal,  and  the  highest,  number  of  votes,  the  general  assembly 
shall,  by  joint  ballot,  choose  one  of  such  persons  for  said  office.  Contested 
olections  for  all  of  said  offices  shall  be  determined  by  both  houses  of  the  gen- 
oral  assembly,  by  joint  ballot,  in  such  manner  as  may  be  prescribed  by  law. 

Eligibility.  — ^ 5.  No  person  shall  be  eligible  to  the  office  of  governor,  or 
lieutenant-governor,  who  shall  not  have  attained  the  age  of  30  years,  and 
been,  for  five  years  next  preceding  his  election,  a citizen  of  the  United  States 
and  of  this  State.  Neither  the  governor,  lieutenant-governor,  auditor  of 
public  accounts,  secretary  of  State,  superintendent  of  public  instruction,  nor 
attorney  general  shall  be  eligible  to  any  other  office  during  the  period  for 
which  he  shall  have  been  elected. 

Governor. — g 6.  The  supreme  executive  shall  be  vested  in  the  governor, 
•who  shall  take  care  that  the  laws  be  faithfully  executed. 

§ 7.  The  governor  shall,  at  the  commencement  of  each  session,  and  at  the 
close  of  his  term  of  office,  give  to  the  general  assembly  information,  by  mes- 
sage, of  the  condition  of  the  State,  and  shall  recommend  such  measures  as  he 
shall  deem  expedient.  He  shall  account  to  the  general  assembly,  and  accom- 
pany his  message  with  a statement  of  all  moneys  received  and  paid  out  by 
him  from  any  funds  subject  to  his  order,  with  vouchers,  and  at  the  commence- 
ment of  each  regular  session  present  estimates  of  the  amount  of  money 
required  to  be  raised  by  taxation  for  all  purposes. 

\ 8.  The  governor  may,  on  extraordinary  occasions,  convene  the  general 
assembly,  by  proclamation,  stating  therein  the  purpose  for  which  they  are 
■convened;  and  the  general  assembly  shall  enter  upon  no  business  except  that 
for  which  they  were  called  together. 

\ 9.  In  case  of  a disagreement  between  the  two  houses  with  respect  to  the 
time  of  adjournment,  the  governor  may,  on  the  same  being  certified  to  him 
by  the  house  first  moving  the  adjournment,  adjourn  the  general  assembly  to 
such  time  as  he  thinks  proper,  not  beyond  the  first  day  of  the  next  regular 
session. 

§ 10.  The  governor  shall  nominate  and,  by  and  with  the  advice  and  con- 
sent of  the  senate,  (a  majority  of  all  the  senators  elected  concurring,  by  yeas 
and  nays),  appoint  all  officers  whose  offices  are  established  by  this  constitu- 
tion, or  which  may  be  created  by  law,  and  whose  appointment  or  election  is 
not  otherwise  provided  for;  and  no  such  officer  shall  be  appointed  or  elected 
by  the  general  assembly. 

\ 11.  In  case  of  a vacancy,  during  the  recess  of  the  senate,  in  any  office 
which  is  not  elective,  the  governor  shall  make  a temporary  appointment  until 
the  next  meeting  of  the  senate,  when  he  shall  nominate  some  person  to  fill 
such  office;  and  any  person  so  nominated,  who  is  confirmed  by  the  senate  (a 
majority  of  all  the  senators  elected  concurring  by  yeas  and  nays)  shall  hold 
his  office  during  the  remainder  of  the  term,  and  until  his  successor  shall  be 
appointed  and  qualified.  No  person,  after  being  rejected  by  the  senate,  shall 
be  again  nominated  for  the  same  office  at  the  same  session,  unless  at  the  re- 
quest of  the  senate,  or  be  appointed  to  the  same  office  during  the  recess  of  the 
general  assembly. 

\ 12.  The  governor  shall  have  power  to  remove  any  officer  whom  he  may 
appoint,  in  case  of  incompetency,  neglect  of  duty,  or  malfeasance  in  office; 
and  he  may  declare  his  office  vacant,  and  fill  the  same  as  is  herein  provided 
in  other  cases  of  vacancy. 


430 


CONSTITUTION  OF  THE 


g 13.  The  governor  shall  have  power  to  grant  reprieves,  commutations  and 
pardons,  after  conviction,  for  all  offenses,  subject  to  such  regulations  as  may 
be  provided  by  law  relative  to  the  manner  of  applying  therefor. 

§ 14.  The  governor  shall  be  commander-in-chief  of  the  military  and  naval 
foi’ces  of  the  State,  (except  when  they  shall  be  called  into  the  service  of  the 
United  States),  and  may  call  out  the  same  to  execute  the  laws,  suppress  in- 
surrection, and  repel  invasion. 

§ 15.  The  governor,  and  all  civil  officers  of  this  State,  shall  be  liable  to 
impeachment  for  any  misdemeanor  in  office. 

Veto. — § 16.  Every  bill  passed  by  the  general  assembly  shall,  before  it 
becomes  a law,  be  presented  to  the  governor.  If  he  approve,  he  shall  sign  it, 
and  thereupon  it  shall  become  a law;  but  if  he  do  not  approve,  he  shall  re- 
turn it,  with  his  objections,  to  the  house  in  which  it  shall  have  originated, 
which  house  shall  enter  the  objections  at  large  upon  its  journal,  and  proceed 
to  reconsider  the  bill.  If,  then,  two-thii'ds  of  the  members  elected  agree  to 
pass  the  same,  it  shall  be  sent,  together  with  the  objections,  to  the  other  house, 
by  which  it  shall  likewise  be  reconsidered;  and  if  approved  by  two-thirds  of 
the  members  elected  to  that  house,  it  shall  become  a law,  notwithstanding  the 
objections  of  the  governor.  But  in  all  such  cases,  the  vote  of  each  house  shall 
be  determined  by  yeas  and  nays,  to  be  entered  on  the  journal.  Any  bill 
which  shall  not  be  returned  by  the  governor  within  ten  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  shall  become  a law  in  like 
manner  as  if  he  had  signed  it,  unless  the  general  assembly  shall,  by  their  ad- 
journment, prevent  its  return;  in  which  case  it  shall  be  filed,  with  his  objec- 
tions, in  the  office  of  the  secretary  of  State,  within  ten  days  after  such 
adjournment,  or  become  a law. 

Lieutenant-governor. — ^ 17.  In  case  of  the  death,  conviction  on  impeach- 
ment, failure  to  qualify,  resignation,  absence  from  the  State,  or  other  disa- 
bility of  the  governor,  the  powers,  duties  and  emoluments  of  the  office  for  the 
residue  of  the  term,  or  until  the  disability  shall  be  removed,  shall  devolve 
upon  the  lieutenant-governor. 

^ 18.  The  lieutenant-governor  shall  be  president  of  the  senate,  and  shall 
vote  only  when  the  senate  is  equally  divided.  The  senate  shall  choose  a pres- 
ident, p7-o  tevipore,  to  preside  in  case  of  the  absence  or  impeachment  of  the 
lieutenant-governor,  or  when  he  shall  hold  the  office  of  governor. 

§ 19.  If  there  be  no  lieutenant-governor,  or  if  the  lieutenant-governor 
shall,  for  any  of  the  causes  specified  in  section  17  of  this  article,  become  in- 
capable of  performing  the  duties  of  the  office,  the  president  of  the  senate 
shall  act  as  governor  until  the  vacancy  is  filled  or  the  disability  removed ; 
and  if  the  president  of  the  senate,  for  any  of  the  above  named  causes,  shall 
become  incapable  of  performing  the  duties  of  governor,  the  same  shall  devolve 
upon  the  speaker  of  the  house  of  representatives. 

Other  STATE  officers. — g 20.  If  the  office  of  auditor  of  public  accounts, 
treasurer,  secretary  of  State,  attorney-general,  or  superintendent  of  public 
instruction,  shall  be  vacated  by  death,  resignation,  or  otherwise,  it  shall  be 
the  duty  of  the  governor  to  fill  the  same  by  appointment,  and  the  appointee 
shall  hold  his  office  until  his  successor  shall  be  elected  and  qualified,  in  such 
manner  as  may  be  provided  by  law.*  An  account  shall  be  kept  by  the  officers 

* Where  the  tenure  of  an  office  is  fixed  for  a specified  period  of  time,  “and 
until  a successor  shall  be  elected  or  appointed  and  qualified,”  the  mere  expira- 
tion of  the  specified  period  of  time  for  the  duration  of  the  term  will  not  operate 
to  vacate  the  office,  or  to  impair  the  powers  of  the  officer  to  continue  in  the  per- 
formance of  the  duties  of  the  office,  nor  will  the  election  or  appointment  alone 
of  his  successor  have  anyjsuch  effect;  for  there  must  be  superadded  to  the  elec- 
tion or  appointment  of  his  successor  his  qualification,  in  order  to  complete 
divesture  of  the  prior  incumbent  of  his  official  authority.— People  ex  rel.  v. 
Supervisor  of  Burnett  Township,  100  111,,  332. 


STATE  OF  ILLINOIS. 


431 


of  the  executive  department,  and  of  all  the  public  institutions  of  the  State,  of 
all  moneys  received  or  disbursed  by  them,  severally,  from  all  sources,  and  for 
every  service  performed,  and  a semi-annual  report  thereof  be  made  to  the 
governor,  under  oath;  and  any  officer  who  makes  a false  report  shall  be 
guilty  of  perjury,  and  punished  accordingly. 

^ 21.  The  officers  of  the  executive  department,  and  of  all  the  public  insti- 
tutions of  the  State,  shall,  at  least  ten  days  preceding  each  regular  session  of 
the  general  assembly,  severally  report  to  the  governor,  who  shalf  transmit 
such  reports  to  the  general  assembly,  together  with  tlie  reports  of  the  judges 
of  the  supreme  court,  of  defects  in  the  constitution  and  laws;  and  the  gover- 
nor may,  at  any'  time,  require  information,  in  writing,  under  oath,  from  the 
officers  of  the  executive  department,  and  all  officers  and  managers  of  State 
institutions,  upon  any  subject  relating  to  the  condition,  management  and  ex- 
penses of  their  respective  offices. 

The  seal  of  State. — § 22.  There  shall  be  a seal  of  the  State,  which  shall 
be  called  the  “Great  Seal  of  the  State  of  Illinois,”  which  shall  be  kept  by  the 
secretary  of  State,  and  used  by  him  officially  as  directed  by  law. 

Fees  and  salarles, — § 23,  The  officers  named  in  this  article  shall  receive 
for  their  services  a salary,  to  be  established  by  law,  which  shall  not  be  in- 
creased or  diminished  during  their  official  terms,  and  they  shall  not,  after  the 
expiration  of  the  terms  of  those  in  office  at  the  adoption  of  this  constitution, 
receive  to  their  own  use  any  fees,  costs,  perquisites  of  office,  or  other  compen- 
sation. And  all  fees  that  may  hereafter  be  payable  by  law  for  any  services 
performed  by  any  officer  provided  for  in  this  article  of  the  constitution,  shall 
be  paid  in  advance  into  the  State  treasury. 

Definition  and  oath  of  office. — § 24.  An  office  is  a public  position 
created  by  the  constitution  or  law,  continuing  during  the  pleasure  of  the  ap- 
pointing power,  or  for  a fixed  time,  with  a successor  elected  or  appointed. 
An  employment  is  an  agency,  for  a temporary  purpose,  which  ceases  when 
that  purpose  is  accomplished. 

§ 25,  All  civil  officers,  except  members  of  the  general  assembly  and  such 
inferior  officers  as  may  be  by  law  exempted,  shall,  before  they  enter  on  the 
duties  of  their  respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation : 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I will  support  the 
constitution  of  the  United  States,  and  the  constitution  of  the  State  of  Illinois, 
and  that  I will  faithfully  discharge  the  duties  of  the  office  of , accord- 

ing to  the  best  of  my  ability. 

And  no  other  oath,  declaration  or  test  shall  be  required  as  a qualification. 


ARTICLE  VI.  ‘ 

JUDICIAL  DEPARTMENT. 

Section  1,  The  judicial  powers,  except  as  in  this  article  is  otherwise  pro- 
vided, shall  be  vested  in  one  supreme  court,  circuit  courts,  county  courts, 
justices  of  the  peace,  police  magistrates,  and  in  such  courts  as  may  be  created 
by  law  in  and  for  cities  and  incorporated  towns,*' 


*The  Common  Council  of  the  city  of  Chicago  does  not  belong  to  the  judicial 
department  of  the  State,  and  under  the  constitution  cannot  exercise  jndicial 
power.  Crete  vs.  Chicago,  56  111.  422. 


482 


CONSTITUTION  OF  THE 


Supreme  court. — ^ 2.  The  supreme  court  shall  consist  of  seven  judges, 
and  shall  liave  original  jurisdiction  in  cases  relating  to  the  revenue,  in  man- 
damus and  habeas  corpus,  and  appellate  jurisdiction  in  all  other  cases.  One 
of  said  judges  shall  be  chief  justice;  four  shall  constitute  a quorum,  and  the 
concurrence  of  four  shall  be  necessary  to  every  decision. 

g 3.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  supreme  court 
unlesshe  sjiallbe  atleast  thirty  years  of  age,  and  a citizen  of  the  United  States, 
nor  unless  he  shall  have  resided  in  this  State  five  years  next  preceding  his 
election,  and  be  a resident  of  the  district  in  which  he  shall  be  elected. 

^ 4.  Terms  of  the  supreme  court  shall  continue  to  be  held  in  the  present 
grand  divisions  at  the  several  places  now  provided  for  holding  the  same;  and 
until  otherwise  provided  by  law,  one  or  more  terms  of  said  courts  shall  be 
held,  for  the  northern  division,  in  the  city  of  Chicago,  each  year,  at  such 
times  as  said  court  may  appoint,  whenever  said  city  or  the  county  of  Cook 
shall  provide  appropriate  rooms  therefor,  and  the  use  of  a suitable  library, 
without  expense  to  the  State.  The  judicial  divisions  may  be  altered,  increased 
or  diminished  in  number,  and  the  times  and  places  of  holding  said  court  may 
be  changed  by  law. 

§ 5.  The  present  grand  divisions  shall  be  preserved,  and  be  denominated 
Southern,  Central  and  Northern,  until  otherwise  provided  by  law.  The  State 
shall  be  divided  into  seven  districts  for  the  election  of  judges,  and  until 
otlierwise  provided  by  law,  they  shall  be  as  follows: 

First  District. — The  counties  of  St.  Clair,  Clinton,  Washington,  Jefferson, 
Wayne,  Edwards,  Wabash,  White,  Hamilton,  Franklin,  Perry,  Randolph, 
Monroe,  Jackson,  Williamson,  Saline,  Gallatin,  Hardin,  Pope,  Union,  Johnson, 
Alexander,  Pulaski  and  Massac. 

Second  District.- — ^The  counties  of  Madison,  Bond,  Marion,  Clay,  Richland, 
Lawrence,  Crawford,  Jasper,  Effingham,  Fayette,  Montgomeryy  Macoupin, 
Shelby,  Cumberland,  Clark,  Greene,  Jersey,  Calhoun  and  Christian. 

Third  District. — The  counties  of  Sangamon,  Macon,  Logan,  DeWitt,  Piatt, 
Douglas,  Champaign,  Vermilion,  McLean,  Livingston,  Ford,  Iroquois,  Coles, 
Edgar,  Moultrie  and  Tazewell. 

Fourth  District. — The  counties  of  Fulton.  McDonough,  Hancock,  Schuyler, 
Brown,  Adams,  Pike,  Mason,  Menard,  Morgan,  Cass  and  Scott. 

Fifth  District. — The  counties  of  Knox,  Warren,  Henderson,  Mercer,  Henry, 
Stark,  Peoria,  Marshall,  Putnam,  Bureau,  LaSalle,  Grundy  and  Woodford. 

Sixth  District. — The  counties  of  AVhiteside,  Carroll,  JoDaviess,  Stephenson, 
AVinnebago,  Boone,  McHenry,  Kane,  Kendall,  DeKalb,  Lee,  Ogle  and  Rock 
Island. 

Seventh  District. — The  counties  of  Lake,  Cook,  AVill,  Kankakee  and  Du 
Page. 

The  boundaries  of  the  districts  may  be  changed  at  the  session  of' the  gen- 
eral assembly  next  preceding  the  election  for  judges  therein,  and  at  no  other 
time;  but  whenever  such  alterations  shall  be  made,  the  same  shall  be  upon 
the  rule  of  equality  of  population,  as  nearly  as  county  boundaries  will  allow, 
and  the  districts  shall  be  composed  of  contiguous  counties,  in  as  nearly 
compact  form  as  circumstances  will  permit.  The  alteration  of  the  districts 
shall  not  affect  the  tenure  of  office  of  any  judge. 

^ 6.  At  the  time  of  voting  on  the  adoption  of  this  constitution,  one  judge 
of  the  supreme  court  shall  be  elected  by  the  electors  thereof,  in  each  of  said 
districts,  numbered  two,  three,  six  and  seven,  who  shall  hold  his  office  for  the 


STATE  OF  ILLINOIS. 


433 


•term  of  nine  years  from  the  first  ^loiuiiiy  of  June,  in  the  year  of  our  Lord 
1870.  The  term  of  office  of  judges  of  tlie  supreme  court,  elected  after  the 
adoption  of  this  constitution,  shall  be  nine  years;  and  on  the  first  Monday  of 
June  of  the  years  in  which  the  term  of  any  of  the  judges  in  office  at  the  adop- 
tion of  this  constitution,  or  of  the  judges  then  elected,  shall  expire,  and  every 
nine  years  thereafter,  there  shall  be  an  election  for  the  successor  or  succes- 
sors of  such  judges,  in  the  respective  districts  wherein  the  term  of  such 
judges  shall  expire.  The  chief  justice  shall  continue  to  act  as  such  until  the 
expiration  of  the  term  for  which  he  was  elected,  after  which  the  judges  shall 
schoose  one  of  their  number  chief  justice. 

§ 7.  From  and  after  the  adoption  of  this  constitution,  the  judges  of  the 
supreme  court  shall  each  receive  a salary  of  $4,000  per  annum,  payable  quar- 
terly, until  otherwise  provided  by  law;  and  after  said  salaries  shall  be  fixed 
by  law,  the  salaries  of  the  judges  in  office  shall  not  be  increased  or  dimin- 
ished during  the  terms  for  which  said  judges  shall  have  been  elected. 

§ 8.  Appeals  and  writs  of  error  may  be  taken  to  the  supreme  court  held 
in  the  grand  division  in  which  the  case  is  decided,  or,  by  consent  of  the  par- 
ties, to  any  other  grand  division. 

§ 9.  The  supreme  court  shall  appoint  one  reporter  of  its  decisions,  wlio 
shall  hold  his  office  for  six  years,  subject  to  removal  by  the  court. 

§ 10.  At  the  time  of  election  for  representatives  in  the  general  assembly, 
happening  next  preceding  the  expiration  of  the  terms  of  office  of  the  present 
clerks  of  said  court,  one  clerk  of  said  court  for  each  division  shall  be  elected, 
whose  term  of  office  shall  be  six  years  from  said  election,  but  who  shall  not 
enter  upon  the  duties  of  his  office  until  the  expirtition  of  the  term  of  his  pre- 
decessor, and  every  six  years  thereafter  one  clerk  of  said  court  for  each 
division  shall  be  elected. 

Appellate  courts. — § 11.  After  the  year  of  our  Lord  1874,  inferior  ap- 
pellate courts,  of  uniform  organization  and  jurisdiction,  may  be  created  in 
districts  formed  for  that  purpose,  to  which  such  appeals  .and  writs  of  error  as 
the  general  assembly  may  provide,  maybe  prosecuted,  from  circuit  and  other 
courts,  and  from  which  appeals  and  writs  of  error  shall  lie  to  the  supreme 
court,  in  all  criminal  cases,  and  cases  in  which  a franchise,  or  freehold,  or 
the  validity  of  a statute,  is  involved,  and  in  such  other  cases  as  may  be  pro- 
vided by  law.  Such  appellate  courts  shall  be  held  by  such  number  of  judges 
of  the  circuit  courts,  and  at  such  times  and  places,  and  in  such  manner,  as 
may  be  provided  by  law;  but  no  judge  shall  sit  in  review  upon  cases  decided 
by  him;  nor  shall  said  judges  receive  any  additional  compensation  for  such 
services. 

Circuit  courts. — § 12.  The  circuit  courts  shall  have  original  jurisdiction 
of  all  causes  in  law  and  equity,  and  such  appellate  jurisdiction  as  is  or  may 
be  provided  by  law,  and  shall  hold  two  or  more  terms  each  year  in  every 
county.  The  terms  of  office  of  judges  of  circuit  courts  shall  be  six  years. 

§ 13.  The  State,  exclusive  of  the  county  of  Cook  and  other  counties  hav- 
ing a population  of  100,000,  shall  be  divided  into  judicial  circuits,  prior  to  the 
expiration  of  the  terms  of  office  of  the  present  judges  of  the  circuit  courts. 
Such  circuits  shall  be  formed  of  contiguous  counties,  in  as  nearly  compact 
form,  and  as  nearly  equal,  as  circumstances  will  permit,  having  due  regard  to 
business,  territory  and  population,  and  shall  not  exceed  in  number  one  circuit 
for  every  100,000  of  population  in  the  State.  One  judge  shall  be  elected  for 
each  of  said  circuits  by  the  electors  thereof.  New  circuits  may  be  formed, 
and  the’ boundaries  of  circuits  changed,  by  the  general  assembly,  at  its  ses- 
sion next  preceding  the  election  for  circuit  judges,  but  at  no  other  time; 

—28 


434 


CONSTITUTION  OF  THE 


Provided,  that  the  circuits  may  be  equalized  or  changed  at  the  first  session  of 
the  general  assembly  after  the  adoption  of  this  constitution.  The  creation, 
alteration  or  change  of  any  circuit  shall  not  affect  tlie  tenure  of  office  of  any 
judge.  Whenever  the  business  of  the  circuit  court  of  any  one,  or  of  two  or 
more,  contiguous  counties,  containing  a population  exceeding  50,000,  shall 
occupy  nine  months  of  the  year,  the  general  assembly  may  make  of  such 
county,  or  counties,  a separate  circuit.  Whenever  additional  circuits  are 
created,  the  foregoing  limitations  shall  be  observed. 

§ 14.  The  general  assembly  shall  provide  for  the  times  of  holding  court  in 
each  county;  which  shall  not  be  changed,  except  by  the  general  assembly 
next  preceding  the  general  election  for  judges  of  said  courts;  but  additional 
terms  may  be  provided  for  in  any  county.  The  election  forjudges  of  the  cir- 
cuit courts  shall  be  held  on  the  first  Monday  in  June,  in  the  year  of  our  Lord 
1873,  and  every  six  years  thereafter. 

g 15.  The  general  assembly  may  divide  the  State  into  judicial  circuits  of 
greater  population  and  territory,  in  lieu  of  the  circuits  provided  for  in  section 
13  of  this  article,  and  provide  for  the  election  therein,  severally,  by  the 
electors  thereof,  by  general  ticket  of  not  exceeding  four  judges,  who  shall 
hold  the  circuit  courts  in  the  circuit  for  which  they  shall  be  elected,  in  such 
manner  as  may  be  provided  by  law. 

§ 16.  From  and  after  the  adoption  of  this  constitution,  judges  of  the  cir- 
cuit courts  shall  receive  a salary  of  $3,000  per  annum,  payable  quarterly, 
until  otherwise  provided  by  law.  And  after  their  salaries  shall  be  fixed  by 
law,  they  shall  not  be  increased  or  diminished  during  the  terms  for  which 
said  judges  shall  be,  respectively,  elected;  and  from  and  after  the  adoption 
of  this  constitution,  no  judge  of  the  supreme  or  circuit  court  shall  receive  any 
other  compensation,  perquisite  or  benefit,  in  any  form  whatsoever,  nor  per- 
form any  other  than  judicial  duties,  to  which  may  belong  any  emoluments. 

^ 17.  No  person  shall  be  eligible  to  the  office  of  judge  of  the  circuit  or  any 
inferior  court,  or  to  membership  in  the  “board  of  county  commissioners,"’ 
unless  he  shall  be  at  least  twenty-five  years  of  age,  and  a citizen  of  the 
United  States,  nor  unless  he  shall  have  resided  in  this  State  five  years  next 
preceding  his  election,  and  be  a resident  of  the  circuit,  county,  city,  cities, 
or  incorporated  town  in  which  he  shall  be  elected. 

County  courts. — ^ 18.  There  shall  be  elected  in  and  for  each  county,  one 
county  judge  and  one  clerk  of  the  county  court,  whose  terms  of  office  shall  be 
four  years.  But  the  general  assembly  may  create  districts  of  two  or  more 
contiguous  counties,  in  each  of  which  shall  be  elected  one  judge,  who  shall 
take  the  place  of,  and  exercise  the  powers  and  jurisdiction  of  county  judges 
in  such  districts.  County  courts  shall  be  courts  of  record,  and  shall  have 
original  jurisdiction  in  all  matters  of  probate;  settlement  of  estates  of  de- 
ceased persons;  appointment  of  guardians  and  conservators,  and  the  settle- 
ment of  their  accounts;  in  all  matters  relating  to  apprentices,  and  in  proceed- 
ings for  the  collectioti  of  taxes  and  assessments,  and  such  other  jurisdiction 
as  may  be  provided  for  by  general  law. 

§ 19,  Appeals  and  writs  of  error  shall  be  allowed  from  final  determina- 
tions of  county  courts,  as  may  be  provided  by  law. 

Probate  courts. — § 20.  The  general  assembly  may  provide  for  the  estab- 
lishment of  a probate  court  in  each  county  having  a population  of  over 
50,000,  and  for  the  election  of  a judge  thereof,  whose  term  of  office  shall  be 
the  same  as  that  of  the  county  judge,  and  who  shall  be  elected  at  the  same 
time  and  in  the  same  manner.  Said  courts,  when  established,  shall  have 


STATE  OF  ILLINOIS. 


435 


original  jurisdiction  of  all  probate  matters,  the  settlement  of  estates  of  de- 
ceased persons,  the  appointment  of  guardians  and  conservators,  and  settle- 
ments of  their  accounts ; in  all  matters  relating  to  apprentices,  and  in  cases 
of  the  sales  of  real  estate  of  deceased  persons  for  the  payment  of  debts. 

Justices  of  the  peace  and  constables. — ^ 21.  Justices  of  the  peace, 
police  magistrates,  and  constables,  shall  be  elected  in  and  for  such  districts  as 
are,  or  may  be,  provided  by  law,  and  the  jurisdiction  of  such  justices  of  the 
peace  and  police  magistrates  shall  be  uniform. 

State’s  attorneys. — § 22.  At  the  election  for  members  of  the  general 
assembly,  in  the  year  of  our  Lord  1872,  and  every  four  years  thereafter,  there 
shall  be  elected  a State’s  attorney  in  and  for  each  county,  in  lieu  of  the  State’s 
attorneys  now  provided  by  law,  whose  term  of  office  shall  be  four  years. 

Courts  of  Cook  county. — g 23.  The  county  of  Cook  shall  be  one  judicial 
circuit.  The  circuit  court  of  Cook  county  shall  consist  of  live  judges,  until 
their  number  shall  be  increased,  as  herein  provided.  The  present  judge  of 
the  recorder’s  court  of  the  city  of  Chicago,  and  the  present  judge  of  the  cir- 
cuit court  of  Cook  county,  shall  be  two  of  said  judges,  and  sliall  remain  in 
office  for  the  terms  for  which  they  were  respectively  elected,  and  until  their 
successors  shall  be  elected  and  qualified.  The  superior  court  of  Chicago  shall 
be  continued,  and  called  the  superior  court  of  Cook  county.  The  general 
assembly  may  increase  the  number  of  said  judges,  by  adding  one  to  either  of 
said  courts  for  every  additional  60,000  inhabitants  in  said  county,  over  and 
above  a population  of  400,000.  The  terms  of  office  of  the  judges  of  said  courts, 
hereafter  elected,  shall  be  six  years. 

^ 24.  The  judge  having  the  shortest  unexpired  term  shall  be  chief  justice 
of  the  court  of  which  he  is  a judge.  In  case  there  are  two  or  more  whose 
terms  expire  at  the  same  time,  it  may  be  determined  by  lot  which  shall  be 
chief  justice.  Any  judge  of  either  of  said  courts  shall  have  all  the  powers 
of  a circuit  judge,  and  may  hold  the  court  of  which  he  is  a member.  Each 
of  them  may  hold  a different  branch  thereof,  at  the  same  time. 

§ 25.  The  judges  of  the  superior  and  circuit  courts,  and  the  State’s  attor- 
ney, i.n  said  county,  shall  receive  the  same  salaries,  payable  out  of  the  State 
treasury,  as  is  or  may  be  paid  from  said  treasury  to  the  circuit  judges  and 
State's  attorneys  of  the  State,  and  such  further  compensation,  to  be  paid  by 
the  county  of  Cook,  as  is  or  may  be  provided  by  law;  such  compensation  shall 
not  be  changed  during  their  continuance  in  office. 

§ 26.  The  recorder’s  court  of  the  city  of  Chicago  shall  be  continued,  and 
shall  be  called  the  “Criminal  Court  of  Cook  county.”  It  shall  have  the  juris- 
diction of  a circuit  court,  in  all  cases  of  criminal  and  quasi  criminal  nature, 
arising  in  the  county  of  Cook,  or  that  may  be  brought  before  said  court  pur- 
suant to  law  ; and  all  recognizances  and  appeals  taken  in  said  county,  in 
criminal  and  quasi  criminal  cases  shall  he  returnable  and  taken  to  said  court. 
It  shall  have  no  jurisdiction  in  civil  cases,  except  in  those  on  behalf  of  the 
people,  and  incident  to  such  criminal  or  quasi  criminal  matters,  and  to  dis- 
pose of  unfinished  business.  The  terms  of  said  criminal  court  of  Cook  county 
shall  be  held  by  one  or  more  of  the  judges  of  the  circuit  or  superior  court  of 
Cook  county,  as  nearly  as  may  be  in  alternation,  as  may  be  determined  by 
said  judges,  or  provided  by  law.  Said  judges  shall  be,  ex-officio,  judges  of 
said  court. 

§ 27.  The  present  clerk  of  the  recorder’s  court  of  the  city  of  Chicago> 
shall  be  the  clerk  of  the  criminal  court  of  Cook  county,  during  the  term  for 
which  he  was  elected.  The  present  clerks  of  the  superior  court  of  Chicago, 


436 


CONSTITUTION  OF  THE 


and  the  pi'esent  clerk  of  the  circuit  court  of  Cook  county,  shall  continue  in 
office  during  the  terms  for  which  tliey  were  respectively  elected;  and  there- 
after there  shall  be  but  one  clerk  of  the  superior  court,  to  be  elected  by  the 
qualified  electors  of  said  county,  who  shall  hold  his  office  for  the  term  of  four 
years,  and  until  his  successor  is  elected  and  qualified. 

^ 28.  All  justices  of  the  peace  in  the  city  of  Chicago  shall  be  appointed 
by  the  governor,  by  and  with  the  advice  and  consent  of  the  senate,  (but  only 
upon  the  recommendation  of  a majority  of  the  judges  of  the  circuit,  superior 
and  county  courts),  and  for  such  districts  as  are  now  or  shall  hereafter  be 
provided  by  law.  They  shall  hold  their  offices  for  four  years,  and  until  their 
successors  have  been  commissioned  and  qualified,  but  they  may  be  removed 
by  summary  proceeding  in  the  circuit  or  superior  court,  for  extortion  or  other 
malfeasance.  Existing  justices  of  the  peace  and  police  magistrates  may  hold 
their  offices  until  the  expiration  of  their  respective  terms. 

General  provisions. — § 29.  All  judicial  officers  shall  be  commissioned  by 
the  governor.  All  laws  relating  to  courts  shall  be  general,  and  of  uniform 
operation;  and  the  organization,  jurisdiction,  powers,  proceedings  and  prac- 
tice of  all  courts,  of  tlie  same  class  or  grade,  so  far  as  regulated  by  law,  and 
the  force  and  the  effect  of  the  process,  judgments  and  decrees  of  such  courts, 
severally,  shall  be  uniform. 

^ 30.  The  general  assembly  may,  for  cause  entered  upon  the  journals, 
upon  due  notice  and  opportunity  of  defense,  remove  from  office  any  judge,  upon 
concurrence  of  three-fourths  of  all  the  members  elected,  of  each  house.  All 
other  officers  in  this  article  mentioned,  shall  be  removed  from  office  on  prose- 
cution and  final  conviction,  for  misdemeanor  in  office. 

§ 31.  All  judges  of  courts  of  record,  inferior  to  the  supreme  court,  shall, 
on  or  before  the  first  day  of  June,  of  each  year,  report  in  writing  to  the 
judges  of  the  supreme  court,  such  defects  and  omissions  in  the  laws  as  their 
experience  may  suggest;  and  the  judges  of  the  supreme  court,  shall,  on  or 
before  the  first  day  of  January,  of  each  year,  report  in  writing  to  the  gov- 
ernor, such  defects  and  omissions  in  the  constitution  and  laws  as  they  may  find 
to  exist,  together  with  appropriate  forms  of  bills  to  cure  such  defects  and 
omissions  in  the  laws.  And  the  judges  of  the  several  circuit  courts  shall 
report  to  the  next  general  assembly  the  number  of  days  they  have  held  court, 
in  the  several  counties  composing  their  respective  circuits,  the  preceding  two 
years. 

§ 32.  All  officers  provided  for  in  this  article  shall  hold  their  offices  until 
their  successors  shall  be  qualified,  and  they  shall,  respectively,  reside  in 
the  division,  circuit,  county  or  district  for  which  they  may  be  elected  or  ap- 
pointed. The  terms  of  office  of  all  such  officers,  where  not  otherwise  pre- 
scribed in  this  article,  shall  be  four  years.  All  officers,  where  not  otherwise 
provided  for  in  this  article,  shall  perform  such  duties  and  receive  such  com- 
pensation as  is,  or  may  be,  provided  by  law.  Vacancies  in  such  elective 
offices  shall  be  filled  by  election ; but  where  the  unexpired  term  does  not 
exceed  one  year  the  vacancy  shall  be  filled  by  appointment,  as  follows:  Of 
judges,  by  the  governor;  of  clerks  of  courts,  by  the  court  to  which  the  office 
appertains,  or  by  the  jud^e  or  judges  thereof;  and  of  all  such  other  offices, 
by  the  board  of  supervisors  or  board  of  county  commissioners,  in  the  county 
where  the  vacancy  occurs. 

2 33.  All  processes  shall  run":  In  the  name  of  the  People  of  the  State  of 
Illinois;  and  all  prosecutions  shall  be  carried  on:  In  the  name  and  by  the  au- 
thority of  the  People  of  the  State  of  Illinois;  and  conclude:  Against  the  peace 
and  dignity  of  the  same.  “Population,'’  wherever  used  in  this  article  shall  be 
determined  by  the  next  preceding  census  of  this  State  or  of  the  United  States. 


STATE  OF  ILLINOIS. 


437 


ARTICLE  VII. 


SUFFRAGE. 

Section  1.  Every  person  having  resided  in  this  Siate  one  year,  in  the 
comity  90  days,  and  in  tlie  election  district  30  days  next  preceding  any  elec- 
tion therein,  who  was  an  elector  in  this  State  on  the  first  day  of  April,  in  the 
year  of  our  Lord,  1848,  or  obtained  a certificate  of  naturalization  before  any 
court  of  record,  in  this  State,  prior  to  the  first  day  of  January,  in  the  year  of 
our  Lord  1870,  or  who  shall  be  a male  citizen  of  the  United  States,  above  the 
age  of  21  years,  shall  be  entitled  to  vote  at  such  election, 

§ 2.  All  votes  shall  be  by  ballot, 

§ 3.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  during  the  attendance  at  elections,  and  in 
going  to  and  returning  from  the  same.  And  no  elector  shall  be  obliged  to  do 
militai-y  duty  on  the  days  of  election,  except  in  time  of  war  or  public  danger. 

§ 4,  No  elector  shall  be  deemed  to  have  lost  his  residence  in  this  State,  by 
reason  of  his  absence  on  the  business  of  the  United  States,  or  of  this  State, 
or  in  the  military  or  naval  service  of  the  United  States, 

g 5.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the  United 
States,  shall  be  deemed  a resident  of  this  State  in  consequence  of  being  sta- 
tioned therein, 

g 6,  No  person  shall  be  elected  or  appointed  to  any  office  in  this  State, 
civil  or  military,  who  is  not  a citizen  of  the  United  Stales,  and  who  shall  not 
have  resided  in  this  State  one  year  nex^t  preceding  the  election  or  appoint- 
ment. 

§ 7.  The  general  assembly  shall  pass  laws  excluding  from  the  right  of 
suffrage  persons  convicted  of  infamous  crimes. 

ARTICLE  VIII. 

EDUCATION. 

Section  1.  The  general  assembly  shall  provide  a thorough  and  efficient 
system  of  free  schools,  whereby  all  children  of  this  State  may  receive  a good 
common  school  education. 

g 2,  All  lands,  moneys,  or  other  property,  donated,  granted  or  received  for 
school,  college,  seminary  or  university  purposes,  and  the  proceeds  thereof, 
shall  be  faithfully  applied  to  the  object  for  which  such  gifts  or  grants  were 
made.  ^ 

^ 3.  Neither  the  general  assembly  nor  any  county,  city,  town,  township, 
school  district,  or  other  public  corporation,  shall  ever  make  any  appropriation 
or  pay  from  any  public  fund  whatever,  anything  in  aid  of  any  cliurch  or  sec- 
tarian purpose,  or  to  help  support  or  sustain  any  school,  academy,  seminary, 
college,  university,  or  other  literary  or  scientific  institution,  controlled  by 
any  church  or  sectarian  denomination  whatever;  nor  shall  any  grantor 
donation  of  land,  money,  or  other  personal  property  ever  be  made  by  the 
State,  or  any  such  public  corporation,  to  any  church  or  for  any  sectarian 
purpose. 


* We  think  the  question  of  whether  the  sections  of  the  old  city  charter  relating 
to  schools  are  to  be  regarded  as  repealed  by  virtue  of  the  adoption  by  the  city  of 
the  general  law,  or  as  still  existing,  may  be  waived,  and  that  all  laws,  whether  in 
city  charters  or  elseydiere,  designed  to  affect  free  schools,  may  be  regarded  sim- 
ply ns  school  laws— as  apart  of  the  law  intended  to  carry  out  the  mandate  of  Art. 
8,  Sec.  1,  of  the  Constitution.  Speight  et  al.  vs.  The  People  ex  rel.,  87  111.  594. 


438 


CONSTITUTION  OF  THE 


§ 4.  No  teacher,  State,  county,  township  or  district  school  officer,  shall  be 
interested  in  tlie  sale,  proceeds  or  profits  of  any  book,  apparatus  or  furniture, 
used,  or  to  be  used,  in  any  school  in  this  State,  with  which  such  officer  or 
teacher  may  be  connected,  under  such  penalties  as  may  be  provided  by  the 
general  assembly. 

§ 5.  There  may  be  a county  superintendent  of  schools  in  each  county, 
whose  qualifications,  powers,  duties,  compensation,  and  time  and  manner  of 
election  and  term  of  office,  shall  be  prescribed  by  law. 


ARTICLE  IX. 

REVENUE. 

Section  1.  The  general  assembly  shall  provide  such  revenue  as  may  be 
needful,  by  levying  a tax,  by  valuation,  so  that  every  person  and  corporation 
shall  pay  a tax  in  proportion  to  the  value  of  his,  her  or  its  'property, — such 
value  to  be  ascertained  by  some  person  or  persons,  to  be  elected  or  appointed 
in  such  manner  as  the  general  assembly  shall  direct,  and  not  otherwise;  but 
the  general  assembly  shall  have  power  to  tax  peddlers,  auctioneers,  brokers, 
hawkers,  merchants,  commission  merchants,  showmen,  jugglers,  inn-keepers, 
grocery-keepers,  liquor  dealers,  toll  bridges,  ferries,  insurance,  telegraph  and 
express  interests  or  business,  venders  of  patents,  and  persons  and  corporations 
owning  or  using  franchises  and  privileges,  in  such  manner  as  it  shall,  from 
time  to  time,  direct,  by  general  law,  uniform  as  to  the  class  upon  which  it 
operates. 

g 2.  The  specification  of  the  objects  and  subjects  of  taxation  shall  not 
deprive  the  general  assembly  of  the  power  to  require  other  subjects  or  objects 
to  be  taxed,  in  such  manner  as  may  be  consistent  with  the  principles  of  taxa- 
tion fixed  in  this  constitution.'^ 

§ 3.  The  property  of  the  State,  counties,  and  other  municipal  corporations 
both  real|and  personal,  and  such  other  property  as  may  be  used  exclusively 
for  agricultural  and  horticultural  societies,  for  school,  religious,  cemetery  and 
charitable  purposes,  may  be  exempted  from  taxation.  But  such  exemption 
shall  be  only  by  general  law.  In  the  assessment  of  real  estate  encumbered 
by  public  easement,  any  depreciation  occasioned  by  such  easement  may  be 
deducted  in  the  valuation  of  such  property,  t 

§ 4.  The  general  assembly  shall  provide,  in  all  cases  where  it  may  be 
necessary  to  sell  real  estate  for  the  non-payment  of  taxes  or  special  assess- 
ments for  State,  county,  municipal  or  other  purposes,  that  a return  of  such 
unpaid  taxes  or  assessments  shall  be  made  to  some  general  officer  of  the 
county,  having  authority  to  receive  State  and  county  taxes;  and  there  shall 
be  no  sale  of  said  property,  for  any  of  said  taxes  or  assessments,  but  by  said 
officer,  upon  the  order  or  judgment  of  some  court  of  record.  J 


* The  constitutional  limitation  that  private  property  shall  not  be  taken  for 
public  use  without  just  compensation,  to  be  ascertained  by  jury  when  not  made 
by  the  State,  has  reference  only  to  the  exercise  of  the  power  of  eminent  domain, 
and  not  to  special  taxation  of  contiguous  property  for  the  building  of  aside- 
walk,  or  other  public  improvement,  by  cities,  towns  and  villages.— White  vs. 
The  People,  ex  rel.  City  of  Bloomington,  94  III.,  604. 

+ The  legislature  cannot  confer  power  on  a city  to  make  a valid  contract  with 
the  owner  of  any  interest  in  property,  which  shall  have  the  effect  to  exempt 
him  from  his  proper  portion  of  the  burden  of  expenses  for  street  improvements. 
—City  of  Chicago  vs.  Baer,  41  111.,  306. 

+ Where  an  assessor  fails  to  list  and  assess  all  property  subject  to  taxation, 
such  failure  will  not  defeat  a recovery  for  taxes  against  property  which  has 
been  assessed.— Dunham  vs.  City  of  Chicago,  55  111.,  357. 


a 


STATE  OF  ILLINOIS. 


439 


§ 5.  The  right  of  redemption  from  all  sales  of  real  estate  for  the  non-pay- 
ment of  taxes  or  special  assessments  of  any  character  whatever,  shall  exist, 
in  favor  of  owners  and  persons  interested  in  such  real  estate,  for  a period  of 
not  less  than  two  years  from  such  sales  thereof.  And  the  general  assembly 
shall  provide,  by  law,  for  reasonable  notice  to  be  given  to  the  owners  or 
parties  interested,  by  publication  or  otherwise,  of  the  fact  of  the  sale  of  the 
property  for  such  taxes  or  assessments,  and  when  the  time  of  redemption 
shall  expire:  Provided,  that  occupants  shall,  in  all  cases,  be  served  with  per- 
sonal notice  before  the  time  of  redemption  expires. 

g 6.  The  general  assembly  shall  have  no  power  to  release  or  discharge 
any  county,  city,  township,  town  or  district,  whatever,  or  the  inhabitants 
■thereof,  or  the  property  therein,  from  their  or  its  proportionate  share  of  taxes 
to  be  levied  for  State  purposes,  nor  shall  commutation  for  such  taxes  be 
authorized  in  any  form  whatsoever. 

§ 7.  All  the  taxes  levied  for  State  purposes  shall  be  paid  into  the  State 
treasury, 

§ 8.  County  authorities  shall  never  assess  taxes,  the  aggregate  of  which 
shall  exceed  75  cents  per  $100  valuation,  except  for  the  payment  of  indebted- 
ness existing  at  the  adoption  of  this  constitution,  unless  authorized  by  a vote 
of  the  people  of  the  county. 

§ 9.  The  general  assembly  may  vest  the  corporate  authorities^’-  of  cities, 
towns  and  villages,  with  power  to  make  local  improvements  by  special  assess- 
ment or  by  special  t:ixation  of  contiguous  property,  or  otherwise.  For  all 
other  corporate  purposes,  all  municipal  corporations  may  be  vested  with 
authority  to  assess  and  collect  taxes;  but  such  taxes  shall  be  uniform,  in 
respect  to  persons  and  property,  within  the  jurisdiction  of  the  body  imposing 
the  same,  t 

§ 10.  The  general  assembly  shall  not  impose  taxes  upon  municipal  corpor- 
ations, or  the  inhabitants  or  property  thereof,  for  corporate  purposes,  but 
shall  require  that  all  the  taxable  property  within  the  limits  of  municipal 
corporations  shall  be  taxed  for  the  payment  of  debts  contracted  under  author- 
ity of  law,  such  taxes  to  be  uniform  in  respect  to  persons  and  property  within 
the  jurisdiction  of  the  body  imposing  the  same.  Private  property  shall  not 
be  liable  to  be  taken  or  sold  for  the  payment  of  the  corporate  debts  of  a 
municipal  corporation. 

§ 11.  No  person  who  is  in  default,  as  collector  or  custodian  of  money  or 
property  belonging  to  a municipal  corporation,  shall  be  eligible  to  any  office 
in  or  under  such  corporation.  The  fees,  salary  or  compensation  of  no  munici- 
pal officer,  who  is  elected  or  appointed  for  a definite  term  of  office,  shall  be 
increased  or  diminished  during  such  term. 

§ 12,  No  county,  city,  township,  school  district,  or  other  municipal  corpor- 
ation, shall  be  allowed  to  become  indebted  in  any  manner,  or  for  any  purpose, 
to  an  amount,  including  existing  indebtedness,  in  the  aggregate  exceeding 


* By  the  phrase  “corporate  authorities,”  as  used  in  the  Constitution,  must  be 
understood  those  municipal  officers  who  are  directly  elected  by  the  population 
sought  to  be  taxed  by  them,  or  appointed  in  some  mode  to  which  they  have 
given  their  assent.— Harward  vs.  St.  Clair  Drain  Co.,  51  111.,  130. 

t A tax  for  corporate  purposes  may  be  defined  to  mean  a tax  to  be  expended 
in  a manner  which  shall  promote  the  general  prosperity  and  welfare  of  the 
municipality  which  levies  it;  and  if  it  appear  that  a tax  has  been  voted  and 
levied  with  an  honest  purpose  to  promote  the  general  well-being  ot  the  munici- 
pality, its  collection  should  not  be  stayed  by  the  courts.— Taylor  vs.  Thompson, 
42  111.,  9. 


440 


CONSTITUTION  OF  THE 


five  per  centum  on  the  value  of  the  taxable  property  therein,  to  be  ascer- 
tained by  the  last  assessment  for  State  and  county  taxes,  previous  to  the- 
incurring  of  such  indebtedness.  Any  county,  city,  school  district,  or  other 
municipal  corporation,  incurring  any  indebtedness  as  aforesaid,  shall,  before, 
or  at  the  time  of  doing  so,  provide  for  the  collection  of  a direct  annual  tax 
sufficient  to  pay  the  interest  on  such  debt,  as  it  falls  due,  and  also  to  pay  and 
discharge  the  principal  thereof  within  twenty  years  from  the  time  of  con- 
tracting the  same.  This  section  shall  not  be  construed  to  prevent  any  county, 
city,  township,  school  district,  or  other  municipal  corporation,  from  issuing 
their  bonds  in  compliance  with  any  vote  of  the  people  which  may  have  been 
had  prior  to  the  adoption  of  this  constitution,  in  pursuance  of  any  law  pro- 
viding therefor. 


^ ARTICLE  X. 

. ^ - f }>.: 

COUNTIES. 

Section  1.  No  new  county  shall  be  formed  or  established  by  the  general 
assembly  which  shall  reduce  the  county  or  counties,  or  either  of  them,  from 
which  it  shall  be  taken,  to  less  contents  than  400  square  miles;  nor  shall  any 
county  be  formed  of  less  contents  ; nor  shall  any  line  thereof  pass  within 
less  than  10  miles  of  any  county  seat  of  the  county  or  counties  proposed  to- 
be  divided. 

§ 2.  There  shall  be  ao  territory  stricken  from  any  county,  unless  'a  ma- 
jority of  the  voters  living  in  such  territory  shall  petition  for  such  division;: 
and  no  territory  shall  be  added  to  any  county  without  the  consent  of  the  ma- 
jority of  the  voters  of  the  county  to  which  it  is  proposed  to  be  added.  But 
the  portion  so  stricken  off  and  added  to  another  county,  or  formed  in  whole  or 
in  part  into  a new  county,  shall  be  holden  for  and  obliged  to  pay  its  proportion 
of  the  indebtedness  of  the  county  from  which  it  has  been  taken. 

^ 3.  No  county  shall  be  divided,  or  have  any  part  stricken  therefrom,, 
without  submitting  the  question  to  a vote  of  the  people  of  the  county,  nor 
unless  a majority  of  all  the  legal  voters  of  the  county,  voting  on  the  question^ 
shall  vote  for  the  same. 

County  seats. — § 4.  No  county  seat  shall  be  removed  until  the  point  to- 
which  it  is  proposed  to  be  removed  shall  be  fixed  in  pursuance  of  law,  and 
three-fifths  of  the  voters  of  the  county,  to  be  ascertained  in  such  manner  as 
shall  be  provided  by  general  law,  shall  have  voted  in  favor  of  its  removal  to- 
such  point;  and  no  person  shall  vote  on  such  question  who  has  not  resided  in 
the  county  six  months,  and  in  the  election  precinct  90  days  next  preceding 
such  election.  The  question  of  the  removal  of  a county  seat  shall  not  be 
oftener  submitted  than  once  in  10  years,  to  a vote  of  the  people.  But  when 
an  attempt  is  made  to  remove  a county  seat  to  a point  nearer  to  the  center 
of  a county,  then  a majority  vote  only  shall  be  necessary. 

County  government. — § 5.  The  general  assembly  shall  provide,  by  gen- 
eral law,  for  township  organization,  under  Which  any  county  may  organize 
whenever  a majority  of  the  legal  voters  of  such  county,  voting  at  any  gen- 
eral election,  shall  so  determine,  and  whenever  any  county  shall  adopt 
township  organization,  so  much  of  this  constitution  as  provides  for  the  man- 
agement of  the  fiscal  concerns  of  the  said  county  by  the  board  of  county 
commissioners,  may  be  dispensed  with,  and  the  affairs  of  said  county  may  be- 
transacted  in  such  manner  as  the  general  assembly  may  provide.  And  in  any 
county  that  shall  have  adopted  a township  organization,  the  question  of  con- 
tinuing the  same  may  be  submitted  to  a vote  of  the  electors  of  such  county,. 


STATE  OF  ILLINOIS. 


441 


at  a general  election,  in  the  manner  that  now  is  or  may  be  provided  by  law  ; 
and  if  a majority  of  all  the  votes  cast  upon  that  question  shall  be  against 
township  organization,  then  such  organization  shall  cease  in  said  county;  and 
all  laws  in  foi’ce  in  relation  to  counties  not  having  township  organization, 
shall  immediately  take  effect  and  be  in  force  in  such  county.  No  two  town- 
ships shall  have  the  same  name,  and  the  day  of  holding  the  annual  township 
meeting  shall  be  uniform  throughout  the  State. 

§ 6.  At  the  first  election  of  county  judges  under  this  constitution,  there 
shall  be  elected  in  each  of  the  counties  in  this  State,  not  under  township  or- 
ganization, three  officers,  who  shall  be  styled  “The  board  of  county  commis- 
sioners,” who  shall  hold  sessions  for  the  transaction  of  county  business  as 
shall  be  provided  by  law.  One  of  said  commissioners  shall  hold  his  office  for 
one. year,  one  for  two  years,  and  one  for  three  years,  to  be  determined  by  lot; 
and  every  year  thereafter  one  such  officer  shall  be  elected  in  each  of  said 
counties  for  the  term  of  three  years. 

§ 7.  The  county  affairs  of  Cook  county  shall  be  managed  by  a board  of 
commissioners  of  fifteen  persons,  ten  of  whom  shall  be  elected  from  the  city 
of  Chicago,  and  five  from  towns  outside  of  said  city,  in  such  manner  as  may 
be  provided  by  law. 

County  officers  and  their  compensation. — ^ 8.  In  each  county  there 
shall  be  elected  the  following  county  officers:  At  the  general  election  to  be 
held  on  the  Tuesday  after  the  first  Monday  in  November,  A.  D.  1882,  a county 
judge,  county  clerk,  sheriff  and  treasurer,  and  at  the  election  to  be  held  on 
the  Tuesday  after  the  first  Monday  in  November,  A.  D.  1884,  a coroner  and 
clerk  of  the  circuit  court  (who  may  be  ex-officio  recorder  of  deeds,  except  in 
counties  having  60,000  and  more  inhabitants,  in  which  counties  a recorder  of 
deeds  shall  be  elected  at  the  general  election  in  1884.)  Each  of  said  officers 
shall  enter  upon  the  duties  of  his  office,  respectively,  on  the  first  Monday  of 
December  after  his  election  ; and  they  shall  hold  their  respective  offices  for 
the  term  of  four  years,  and  until  their  successors  are  elected  and  qualified: 
Provided,  that  no  person  having  once  been  elected  to  the  office  of  sheriff’  or 
treasurer  shall  be  eligible  to  re-election  to  said  office  for  four  years  after  the 
expiration  of  the  term  for  which  he  shall  have  been  elected.  [As  amended  by 
vote  of  the  people  November  2,  1880. 

§ 9.  The  clerks  of  all  the  courts  of  record,  the  treasurer,  sheriff,  coroner 
and  recorder  of  deeds  of  Cook  county,  shall  receive  as  their  only  compensa- 
tion for  their  services,  salaries  to  be  fixed  by  law,  which  shall,  in  no  case,  be 
as  much  as  the  lawful  compensation  of  a judge  of  the  circuit  court  of  said 
county,  and  shall  be  paid,  respectively,  only  out  of  the  fees  of  the  office 
actually  collected.  All  fees,  perquisites  and  emoluments  (above  the  amount 
of  said  salaries)  shall  be  paid  into  the  county  treasury.  The  number  of  the 
deputies  and  assistants  of  such  officers  shall  be  determined  by  rule  of  the  cir- 
cuit court,  to  be  entered  of  record,  and  their  compensation  shall  be  determined 
by  the  county  board. 

§ 10.  The  county  board,  except  as  provided  in  section  9 of  this  article, 
shall  fix  the  compensation  of  all  county  officers,  with  the  amount  of  their 
necessary  clerk  hire,  stationery,  fuel,  and  other  expenses,  and  in  all  cases 
where  fees  are  provided  for,  said  compensation  shall  be  paid  only  out  of,  and 
shall  in  no  instance  exceed,  the  fees  actually  collected;  they  shall  not  allow 

either  of  them  more  per  annum  than  $1,500,  in  counties  not  exceeding  20,000 

inhabitants;  $2,000  in  counties  containing  20,000  and  not  exceeding  30,000 

inhabitants;  $2,500  in  counties  containing  30,000  and  not  exceeding  50,000 

inhabitants;  $3,000  in  counties  containing  50,000  and  not  exceeding 

70.000  inhabitants;  $3,500  in  counties  containing.  70,000  and  not  exceeding 

100.000  inhabitants ; and  $4,000  in  counties  containing  over  100,000  and 


442 


CONSTITUTION  OF  THE 


not  exceeding  250,000  inhabitants;  and  not  more  than  $1,000  additional  com- 
pensation for  each  additional  100,000  inhabitants:  Provided,  that  tiie  com- 
pensation of  no  officer  shall  be  increased  or  diminished  during  his  term  of 
office.  All  fees  or  allowances  by  them  received,  in  excess  of  their  said  com- 
pensation, shall  be  paid  into  the  county  treasury. 

§ 11.  The  fees  of  township  officers,  and  of  each  class  of  county  officers,  shall 
be  uniform  in  the  class  of  counties  to  which  they  respectively  belong.  The 
compensation  herein  provided  for  shall  apply  only  to  officers  hereafter  elec- 
ted, but  all  fees  establislied  by  special  laws  shall  cease  at  the  adoption  of  this 
constitution,  and  such  officers  shall  receive  only  such  fees  as  are  provided  by 
general  law. 

§ 12.  All  laws  fixing  the  fees  of  State,  county  and  township  officers  shall 
terminate  with  the  terms,  respectively,  of  those  who  may  be  in  office  at  the 
meeting  of  the  first  general  assembly  after  the  adoption  of  this  constitution  ; 
and  the  general  assembly  shall,  by  general  law,  uniform  in  its  operation, 
provide  for  and  regulate  the  fees  of  said  officers  and  their  successors,  so  as  to 
reduce  the  snme  to  a reasonable  compensation,  for  services  actually  rendered. 
But  the  general  assembly  may,  by  general  law,  classify  the  counties  by  popu- 
lation into  not  more  than  three  classes,  and  regulate  the  fees  according  to 
class.  This  article  shall  not  be  construed  as  depriving  the  general  assembly 
of  the  power  to  reduce  the  fees  of  existing  officers. 

§ 13.  Every  person  who  is  elected  or  appointed  to  any  office  in  this  State, 
who  shall  be  paid  in  whole  or  in  part  by  fees,  shall  be  required  by  law  to 
make  a semi-annual  report,  under  oath,  to  some  officer  to  be  designated  by 
law,  of  all  his  fees  and  emoluments. 


ARTICLE  XI. 

CORPORATIONS. 

Section  1.  No  corporation  shall  be  created  by  special  laws,  or  its  charter 
extended,  changed,  or  amended,  except  those  for  charitable,  educational,  penal 
or  reformatory  purposes,  which  are  to  be  and  remain  under  the  patronage 
and  control  of  the  State,  but  the  general  assembly  shall  provide,  by  general 
laws,  for  the  organization  of  all  corporations  hereafter  to  be  created. 

§ 2.  All  existing  charters  or  grants  of  special  or  exclusive  privileges, 
under  which  organization  shall  not  have  taken  place,  or  which  shall  not  have 
been  in  operation  within  ten  days  from  the  time  this  constitution  takes  effect, 
shall  thereafter  have  no  validity  or  effect  whatever. 

§ 3.  The  general  assembly  shall  provide,  by  law,  that  in  all  elections  for 
directors  or  managers  of  incorporation  companies,  every  stockholder  shall 
have  the  right  to  vote,  in  person  or  by  proxy,  for  the  number  of  shares  of 
stock  owned  by  him,  for  as  many  persons  as  there  are  directors  or  managers 
to  be  elected,  or  to  cumulate  said  shares,  and  give  one  candidate  as  many  votes 
as  the  number  of  directors,  multiplied  by  the  number  of  his  shares  of  stock, 
shall  equal,  or  to  distribute  them  on  the  same  principle  among  as  many  can- 
didates as  he  shall  think  fit;  and  such  directors  or  managers  shall  not  be 
elected  in  any  other  manner. 

§ 4.  No  law  shall  be  passed  by  the  general  assembly,  granting  the  right 
to  construct  and  operate  a street  railroad  within  any  city,  town  or  incorpora- 
ted village,  without  requiring  the  consent  of  the  local  authorities  having  the 
control  of  the  street  or  highway  proposed  to  be  occupied  by  such  street  rail- 
road. 


STATE  OF  ILLINOIS. 


443 


Banks. — § 5.  No  State  bank  sliall  hei'eafterbe  created,  nor  shall  the  State 
own  or  be  liable  for  any  stock  in  any  corporation  or  joint  stock  company  or 
association  for  banking  purposes,  now  created  or  to  be  hereafter  created.  No 
act  of  the  general  assembly  authorizing  or  creating  corporations  or  associa- 
tions, with  banking  powers,  whether  of  issue,  deposit  or  discount,  nor  amend- 
ments thereto,  shall  go  into  effect  or  in  any  manner  be  in  force,  unless  the 
same  shall  be  submitted  to  a vote  of  the  people  at  the  general  election  next 
succeeding  the  passage  of  the  same,  and  be  approved  by  a majority  of  all  the 
votes  cast  at  such  election  for  or  against  such  law. 

§ 6.  Every  stockholder  in  a banking  corporation  or  institution  shall  be 
individually  responsible  and  liable  to  its  creditors,  over  and  above  the  amount 
of  stock  by  him  or  her  held,  to  an  amount  equal  to  his  or  her  respective  shares 
so  held,  for  all  its  liabilities  accruing  while  he  or  she  remains  such  stockhol- 
der. 

7.  The  suspension  of  specie  payments  by  banking  institutions,  on  their 
circulation,  created  by  the  laws  of  this  State,  shall  never  be  permitted  or 
sanctioned.  Every  banking  association  now,  or  which  may  hereafter  be,  or- 
ganized under  the  laws  of  this  State,  shall  make  and  publish  a full  and  ac- 
curate quarterly  statement  of  its  affairs,  (which  shall  be  certified  to,  under 
oath,  by  one  or  more  of  its  officers)  as  may  be  provided  by  law. 

§ 8.  If  a general  banking  law  shall  be  enacted,  it  shall  provide  for  the 
registry  and  countersigning,  by  an  officer  of  State,  of  all  bills  or  paper  credit, 
designed  to  circulate  as  money,  and  require  security,  to  the  full  amount 
thereof, ‘to  be  deposited  with  the  State  Treasurer,  in  United  Stales  or.  Illinois 
State  stocks,  to  be  rated  at  ten  per  cent,  below  their  par  value;  and  in  case 
of  a depreciation  of  said  stocks  to  the  amount  of  ten  per  cent,  below  par,  the 
banker  banks  owning  said  stock  shall  be  required  to  make  up  said  deficiency, 
by  depositing  additional  stocks.  And  said  law  shall  also  provide  for  the  re- 
cording of  the  names  of  all  stockholders  in  such  corporations,  the  amount  of 
stock  held  by  each,  the  time  of  transfer  thereof,  and  to  whom  such  transfer 
is  made. 

Railroads. — ^ 9.  Every  railroad  corporation  organized  or  doing  business 
in  this  State,  under  the  laws  or  authority  thereof,  shall  have  and  maintain  a 
public  office  or  place  in  this  State  for  the  transaction  of  its  business,  where 
transfers  of  stock  shall  be  made  and  in  which  shall  be  kept,  for  public  inspec- 
tion, books,  in  which  shall  be  recorded  the  amount  of  capital  stock  subscribed, 
and  by  whom;  the  names  of  the  owners  of  its  stock,  and  the  amounts  owned 
by  them  respectively;  the  amount  of  stock  paid  in,  and  by  whom;  the  trans- 
fer of  said  stock;  the  amount  of  its  assets  and  liabilities,  and  the  names  and 
place  of  residence  of  its  officers.  The  directors  of  every  railroad  corporation 
shall,  annually,  make  a report,  under^oath,  to  the  auditor  of  public  accounts, 
or  some  officer  to  be  designated  by  law,  of  all  their  acts  and  doings,  which 
report  shall  include  such  matters  relating  to  railroads  as  may  be  prescribed 
by  law.  And  the  general  assembly  shall  pass  laws  enforcing,  by  suitable 
penalties,  the  provisions  of  this  section. 

^ 10.  The  rolling  stock  and  all  other  movable  property  belonging  to  any 
railroad  company  or  corporation  in  this  State,  shall  be  considered  personal 
property,  and  shall  be  liable  to  execution  and  sale  in  the  same  manner  as  the 
personal  property  of  individuals,  and  the  general  assembly  shall  pass  no  law 
exempting  any  such  property  from  execution  and  sale. 

^ 11.  No  railroad  corporation  shall  consolidate  its  stock,  property  or  fran- 
chises with  any  other  railroad  corporation  owning  a parallel  or  competing 
line;  and  in  no  case  shall  any  consolidation  take  place  except  upon  public 
notice  given  of  at  least  sixty  days,  to  all  stockholders,  in  such  manner  as  may 


444 


CONSTITUTION  OF  THE 


be  provided  by  law.  A majority  of  the  directors  of  any  railroad  corporation 
now  incorporated  or  hereafter  to  be  incorporated  by  the  laws  of  this  State, 
shall  be  citizens  and  residents  of  this  State. 

^ 12.  Railways  heretofore  constructed,  or  that  may  hereafter  be  con- 
structed in  this  State,  are  hereby  declared  public  highways,  and  shall  be  free 
to  all  persons,  for  the  transportation  of  their  persons  and  property  thereon, 
under  such  regulations  as  may  be  prescribed  by  law.  And  the  general  as- 
sembly shall,  from  time  to  time,  pass  laws  establishing  reasonable  maximum 
rates  of  charges  for  the  transportation  of  passengers  and  freiglit  on  the  differ- 
ent railroads  in  this  State. 

§ 13.  No  railroad  corporation  shall  issue  any  stock  or  bonds,  except  for 
money,  labor  or  property,  actually  received  and  applied  to  the  purposes  for 
which  such  corporation  was  created;  and  all  stock  dividends,  and  other  ficti- 
tious increase  of  the  capital  stock  or  indebtedness  of  any  such  corporation, 
shall  be  void.  The  capital  stock  of  no  railroad  corporation  shall  be  increased 
for  any  purpose,  except  upon  giving  sixty  days’  public  notice,  in  such  manner 
as  may  be  provided  by  law. 

§ 14.  The  exercise  of  the  power,’and  the  right  of  eminent  domain  shall 
never  be  so  construed  or  abridged  as  to  prevent  the  taking,  by  the  general 
assembly,  of  the  property  and  franchises  of  incorporated  companies  already 
organized,  and  subjecting  them  to  the  public  necessity  the  same  as  individuals.. 
The  right  of  trial  by  jury  shall  be  held  inviolate  in  all  trials  of  claims  for 
compensation,  when  in  the  exercise  of  the  said  right  of  eminent  domain,  any 
incorporated  company  shall  be  interested  either  for  or  against  the  exercise  of 
said  right. 

g 15.  The  general  assembl}'  shall  pass  laws  to  correct  abuses  and  prevent 
unjust  discrimination  and  extortion  in  the  rates  of  freight  and  passenger 
tariff's  on  the  different  railroads  in  this  State,  and  enforce  such  laws,  by  ade- 
quate penalties,  to  the  extent,  if  necessary  for  that  purpose,  of  forfeiture  of 
their  property  and  franchises. 


ARTICLE  XII. 


MILITIA. 

Section  1.  The  militia  of  the  State  of  Illinois  shall  consist  of  all  .able- 
bodied  male  persons,  residents  in  the  State,  between  the  ages  of  eighteen  and 
forty-five,  except  such  persons  as  now  are,  or  hereafter  may  be,  exempted  by 
the  laws  of  the  United  States  or  of  this  State. 

§ 2.  The  general  assembly,  in  providing  for  the  organization,  .equipment 
and  discipline  of  the  militia,  shall  conform  as  nearly  as  practicable  to  the 
regulations  for  the  government  of  the  armies  of  the  United  States. 

§ 3.  All  militia  officers  shall  be  commissioned  by  the  governor,  and  may 
hold  their  commissions  for  such  time  as  the  general  assembiy  may  provide. 

^ 4.  The  militia  shall,  in  all  cases,  except  treason,  felony  or  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at  musters  and  elec- 
tions, and  in  going  to  and  returning  from  the  same. 

^ 5.  The  military  records,  banners  and  relics  of  the  State  shall  be  pre- 
served as  an  enduring  memorial  of  the  patriotism  and  valor  of  Illinois,  and 
it  shall  be  the  duty  of  the  general  assembly  to  provide  by  law  for  the  safe 
keeping  of  the  same. 


STATE  OF  ILLINOIS. 


445 


^ 6.  No  person  having  conscientious  scruples  against  bearing  arms  shall 
be  compelled  to  do  militia  duty  in  time  of  peace;  Provided,  such  person  shall 
pay  Mil  equivalent  for  such  exemption. 


ARTICLE  XIII. 


WAREHOUSES. 

Section  I.  All  elevators  or  storehouses  where  grain  or  other  property  is 
stored  for  a compensation,  whether  the  property  stored  be  kept  separate  or 
not,  are  declared  to  be  public  warehouses. 

g 2.  The  owner,  lessee  or  manager  of  each  and  every  public  warehouse 
situated  in  any  town  or  city  of  not  less  than  100,000  inhabitants,  shall  make 
weekly  statements,  under  oath,  before  some  officer  to  be  designated  by  law, 
and  keep  the  same  posted  in  some  conspicuous  place  in  the  office  of  such 
warehouse,  and  shall  also  file  a copy  for  public  examination,  in  such  place  as 
shall  be  designated  by  law,  which  statement  shall  correctly  set  forth  the 
amount  and  grade  of  each  and  every  kind  of  grain  in  such  warehouse, 
together  with  such  other  property  as  may  be  stored  therein,  and  what  ware- 
house receipts  have  been  issued,  and  are,  at  the  time  of  making  such  state- 
ment, outstanding  therefor;  and  shall,  on  the  copy  posted  in  the  warehouse, 
note  daily  such  changes  as  maybe  made  in  the  quantity  and  grade  of  grain  in 
such  warehouse;  and  the  different  grades  of  grain,  shipped  in  separate  lots, 
shall  not  be  mixed  with  inferior  or  superior  grades,  without  the  consent  of 
the  owner  or  consignee  thereof. 

• 

§ 3.  The  owners  of  property  stored  in  any  warehouse,  or  holder  of  a receipt 
for  the  same,  shall  always  be  at  liberty  to  examine  such  property  stored,  and 
all  the  books  and  records  of  the  warehouse  in  regard  to  such  property. 

g 4.  All  railroad  companies,  and  other  common  carriers  on  railroads,  shall 
weigh  or  measure  grain  at  points  where  it  is  shipped,  and  receipt  for  the  full 
amount,  and  shall  be  responsible  for  the  delivery  of  such  amount  to  the  owner 
or  consignee  thereof,  at  the  place  of  destination. 

^ 5.  All  railroad  companies  receiving  and  transporting  grain,  in  bulk  or 
otherwise,  shall  deliver  the  same  to  any  consignee  thereof,  or  any  elevator  or 
public  warehouse,  to  which  it  may  be  consigned,  provided  such  consignee  or 
the  elevator  or  public  warehouse  can  be  reached  by  any  track  owned,  leased 
or  used,  or  which  can  be  used,  by  such  railroad  companies  ; and  all  railroad 
companies  shall  permit  connections  to  be  made  with  their  track,  so  that  any 
such  consignee,  and  any  public  warehouse,  coal  bank  or  coal  yard,  may  be 
reached  by  the  cars  on  said  railroad. 

^ 6.  It  shall  be  the  duty  of  the  general  assembly  to  pass  all  necessary  laws 
to  prevent  the  issue  of  false  and  fraudulent  warehouse  receipts,  and  to  give 
full  effect  to  this  article  of  the  constitution,  which  shall  be  liberally  construed 
so  as  to  protect  producers  and  shippers.  And  the  enumeration  of  the  reme- 
dies herein  named  shall  not  be  construed  to  deny  to  the  general  assembly  the 
power  to  prescribe  by  law  such  other  and  further  remedies  as  may  be  found 
expedient,  or  to  deprive  any  person  of  existing  common  law  remedies. 

g 7.  The  general  assembly  shall  pass  laws  for  the  inspection  of  grain,  for 
the  protection  of  producers,  shippers  and  receivers  of  grain  and  produce. 


446 


CONSTITUTION  OF  THE 


ARTICLE  XIV, 


AMENDMENTS  TO  THE  CONSTITUTION. 

Section  1.  Whenever  two-thirds  of  the  members  of  each  house  of  the 
general  assembly  shall,  by  a vote  entered  upon  the  journals  thereof,  concur 
that  a convention  is  necesSai-y  to  revise,  alter  or  amend  the  constitution,  the 
question  shall  be  submitted  to  the  electors  at  the  next  general  election.  If  a 
majority  voting  at  the  election  vote  for  a convention,  the  general  assembly 
shall,  at  the  next  session,  provide  for  a convention,  to  consist  of  double  the 
number  of  members  of  the  senate,  to  be  elected  in  the  same  manner,  at  the 
same  places,  and  in  the  same  districts.  The  general  assembly  shall,  in  the 
act  calling  the  convention,  designate  the  day.  hour  and  place  of  its  meet- 
ing, fix  the  pay  of  its  members  and  officers,  and  provide  for  the  payment  of 
the  same,  together  with  the  expenses  necessarily  incurred  by  the  convention 
in  the  performance  of  its  duties.  Before  proceeding,  the  members  shall  take 
an  oath  to  support,  the  Constitution  of  the  United  States,  and  of  the  State  of 
Illinois,  and  to  faithfully  discharge  their  duties  as  members  of  the  convention. 
The  qualification  of  members  shall  be  the  same  as  that  of  members  of  the 
senate,  and  vacancies  occurring  shall  be  filled  in  the  same  mtinner  provided 
for  filling  vacancies  in  the  general  assembly.  Said  convention  shall  meet 
within  three  months  after  such  election,  and  prepare  such  revision,  alteration 
or  amendments  of  the  constitution  as  shall  be  deemed  necessary,  which  shall 
be  submitted  to  the  electors  for  their  ratification  or  rejection,  at  an  election 
appointed  by  the  convention  for  that  purpose,  not  less  than  two  nor  moVe  than 
six  months  after  the  adjournment  thereof;  and  unless  so  submitted  and  ap- 
proved by  a majority  of  the  electors  voting  at  such  election,  no  such  revision, 
alterations  or  amendments  shall  take  effect. 

g 2.  Amendments  to  this  constitution  may  be  proposed  in  either  house  of 
the  general  assembly,  and  if  the  same  shall  be  voted  for  by  two-thirds  of  all 
the  members  elected  to  each  of  the  two  houses,  such  proposed  amendments, 
together  with  the  yeas  and  nays  of  each  house  thereon,  shall  be  entered  in  full 
on  their  respective  journals,  and  said  amendments  shall  be  submitted  to  the 
electors  of  this  State  for  adoption  or  rejection,  at  the  next  election  of  members 
of  the  general  assembly,  in  such  manner  as  may  be  prescribed  by  law.  The 
proposed  amendments  shall  be  published  in  full  at  least  three  months  preced- 
ing the  election,  and  if  a majority  of  the  electors  voting  at  said  election  shall 
vote  for  the  proposed  amendments,  they  shall  become  a part  of  this  constitu- 
tion. But  the  general  assembly  shall  have  no  power  to  propose  amendments 
to  more  than  one  article  of  this  constitution  at  the  same  session,  nor  to  the 
same  article  oftener  than  once  in  four  years. 


SEPARATE  SECTIONS. 


Illinois  central  railroad. — No  contract,  obligation  or  liability  what- 
ever, of  the  Illinois  Central  Railroad  Company,  to  pay  any  money  into  the 
State  treasury,  nor  any  lien  of.  the  State  upon,  or  right  to  tax  property  of  said 
company,  in  accordance  with  the  provisions  of  the  charter  of  said  company, 
approved  February  10.  in  the  year  of  our  Lord  1851,  shall  ever  be  released, 
suspended,  modified,  altered,  remitted,  or  in  any  manner  diminished  or  im- 
paired by  legislative  or  other  authority ; and  all  moneys  derived  from  said 
company,  after  the  payment  of  the  State  debt,  shall  be  appropriated  and  set 
apart  for  the  payment  of  the  ordinary  expenses  of  the  State  government,  and 
for  no  other  purposes  whatever. 


STATE  OF  ILLINOIS. 


4-_7 


Municipal  subscriptions  to  railroads  or  private  corporations. — No 
county,  city,  town,  township,  oi’  other  municipality,  shall  ever  become  sub- 
scriber to  the  capital  stock  of' any  railroad  or  private  corporation,  or  make 
donation  to,  or  loan  its  credit  in  aid  of,  such  corporation  : Provided,  hoiv.ever, 
that  the  adoption  of  this  article  shall  not  be  construed  as  aifecting  the  right 
of  any  such  municipality  to  make  such  subscriptions  where  the  same  have 
been  authorized,  under  existing  laws,  by  a vote  of  the  people  of  such  muni- 
cipalities prior  to  such  adoption. 

Canal. — The  Illinois  and  Michigan  Canal  shall  never  be  sold  or  leased 
until  the  specific  proposition  for  the  sale  or  lease  thereof  shall  first  have  been 
submitted  to  a vote  of  the  people  of  the  State,  at  a general  election,  and  have 
been  approved  by  a majority  of  all  the  votes  polled  at  such  election.  The 
general  assembly  shall  never  loan  the  credit  of  the  State,  or  make  appropria- 
tions from  the  treasury  thereof,  in  aid  of  railroads  or  canals;  Provided,  that 
any  surplus  earnings  of  any  canal  may  be  appropriated  for  its  enlargement 
or  extension. 


SCHEDULE. 

That  no  inconvenience  may  arise  from  the  alterations  and  amend\iients 
made  in  the  constitution  of  this  State,  and  to  carry  the  same  into  complete 
effect,  it  is  hereby  ordained  and  declared: 

§ 1.  That  all  laws  in  force  at  the  adoption  of  this  constitution,  not  incon- 
sistent therewith,  and  all  rights,  actions,  prosecutions,  claims  and  contracts 
of  this  State,  individuals,  or  bodies  corporate,  shall  continue  to  be  as  valid  as 
if  this  constitution  had  not  been  adopted. 

§ 2.  That  all  fines,  taxes,  penalties  and  forfeitures,  due  and  owing  to  the 
State  of  Illinois  under  the  present  constitution  and  laws,  shall  inure  to  the 
use  of  the  people  of  the  State  of  Illinois,  under  this  constitution. 

§ 3.  Recognizances,  bonds,  obligations,  and  all  otlier  instruments  entered 
into  or  executed  before  the  adoption  of  this  constitution,  to  the  people  of  the 
State  of  Illinois,  to  any  State  or  county  officer  or  public  body,  shall  remain 
binding  and  valid;  and  rights  and  liabilities  upon  the  same  shall  continue, 
and  all  crimes  and  misdemeanors  shall  be  tried  and  punished  as  though  no 
change  had  been  made  in  the  constitution  of  this  State. 

g 4.  County  courts  for  the  transaction  of  county  business  in  counties  not 
having  adopted  township  organization,  shall  continue  in  existence,  and  exer- 
cise theit  present  jurisdiction  until  the  board  of  county  commissioners  pro- 
vided in  this  constitution,  is  organized  in  pursuance  of  an  net  of  the  general 
assembly;  and  the  county  courts  in  all  otlier  counties  shall  Inive  the  same 
power  and  jurisdiction  they  now  possess  until  otherwise  provided  by  general 
law. 

§ 5.  All  existing  courts  which  are  not  in  this  constitution  specifically 
enumerated,  shall  continue  inexistence  and  exercise  their  present  jurisdic- 
tion until  otherwise  provided  by  law. 

§ 6.  All  persons  now  filling  any  office  or  appointment  shall  continue  in  the 
exercise  of  the  duties  thereof,  according  to  their  respective  commissions  or 
appointments,  unless  by  this  constitution  it  is  otherwise  directed. 

§ 7.  On  the  day  this  constitution  is  submitted  to  the  people  for  ratifica- 
tion, an  election  shall  be  held  for  judges  of  the  supreme  court  in  the  second, 
third,  sixth  and  seventh  judicial  election  districts,  designated  in  this  consti- 
tution, and  for  the  election  of  three  judges  of  the  circuit  court  in  the  county 


448 


CONSTITUTION  OF  THE 


of  Cook,  as  provided  for  in  the  article  of  this  constitution  relating  to  the  judi- 
ciary, at  which  election,  every  person  entitled  to  vote  according  to  the  terms 
of  this  constitution,  shall  be  allowed  to  vote,  and  the  eleciion  shall  be  other- 
wise conducted,  returns  made  and  certificates  issued,  in  accordance  with 
existing  laws,  except  that  no  registry  shall  be  required  at  said  election:  Pro- 
vided^ that  at  said  election  in  the  county  of  Cook,  no  elector  shall  vote  for  more 
than  two  candidates  for  circuit  judge.  If,  upon  canvassing  the  votes  for  and 
against  the  adoption  of  this  constitution,  it  shall  appear  that  there  has  been 
polled  a greater  number  of  votes  against  than  for  it,  then  no  certificates  of 
election  shall  be  issued  for  any  of  said  supreme  or  circuit  judges. 

^ 8.  This  constitution  shall  be  submitted  to  the  people  of  the  State  of  Illi- 
nois, for  adoption  or  rejection,  at  an  election  to  be  held  on  the  first  Saturday 
in  July,  in  the  year  of  our  Lord  1870,  and  there  shall  be  separately  submitted 
at  the  same  time,  for  adoption  or  rejection,  sections  9,  10,  11,  12,  13,  14  and 
15,  relating  to  railroads,  in  the  article  entitled  corporations;  the  article  en- 
titled counties ; the  article  entitled  warehouses;  the  question  of  requiring  a 
three-fifths  vote  to  remove  a county  seat;  the  section  relating  to  the  Illinois 
Central  railroad;  the  section  in  relation  to  minority  representation;  the  sec- 
tion relating  to  municipal  subscriptions  to  railroads  or  private  corporations; 
and  the  section  relating  to  the  canal. 

Every  person  entitled  to  vote  under  the  provisions  of  this  constitution,  as 
defined  in  the  article  in  relation  to  “Suffrage,”  shall  be  entitled  to  vote  for 
the  adoption  or  rejection  of  this  constitution,  and  for  or  against  the  articles, 
sections  and  question  aforesaid,  separately  submitted;  and  the  said  qualified 
electors  shall  vote  at  the  usual  places  of  voting,  unless  otherwise  provided; 
•and  the  said  election  shall  be  conducted,  and  returns  thereof  made  according 
to  the  laws  now  in  force  regulating  general  elections,  except  that  no  registry 
shall  be  required  at  said  election;  Prov/rfet/,  that  the  polls  shall  he 

kept  open  for  the  reception  of  ballots  until  sunset  of  said  day  of  election. 

g 9.  The  secretary  of  State  shall,  at  least  twenty  days  before  said  election, 
cause  to  be  delivered  to  the  county  clerk  of  each  county,  blank  poll-books, 
tally-lists  and  forms  of  return,  and  twice  the  number  of  properly  prepared 
printed  ballots  for  the  said  election  that  there  are  voters  in  such  county,  the 
expense  whereof  shall  be  audited  and  paid  as  other  public  printing  ordered 
by  the  secretary  of  State  is,  by  law,  required  to  be  audited  and  paid;  and  the 
several  county  elerks  shall,  at  least  five  days  before  said  election,  cause 
to  be  distributed  to  the  board  of  election,  in  each  election  district  in 
their  respective  counties,  said  blank  poll-books,  tally-lists,  forms  of  return, 
and  tickets. 

g 10.  At  the  said  election  the  ballots  shall  be  in  the  following  form:  New 
Constitution  Ticket.  For  all  the  propositions  on  tliis  ticket  winch  are  not  can- 
celed with  ink  or  pencil;  “Suffrage,”  shall  be  entitled  to  vote  for  the  adoption 
or  and  against  all  propositions  which  are  so  canceled.  For  the  new  consti- 
tution. For  the  sections  relating  to  railroads  in  the  article  entitled  corppra- 
tions.  For  the  article  entitled  counties.  For  the  article  entitled  warehouses. 
For  a three-fifths  vote  to  remove  county  seats.  For  the  section  relating  to  the 
Illinois  Central  Railroad.  For  the  section  relating  to  minority  representa- 
tion. For  the  section  relating  to  municipal  subscriptions  to  railroads  or 
private  corporations.  For  the  section  relating  to  the  canal.  Each  of  said 
tickets  shall  be  counted  as  a vote  cast  for  each  proposition  thereon  not  can- 
celed with  ink  or  pencil,  and  against  each  proposition  so  canceled,  and 
returns  thereof  shall  be  made  accordingly  by  the  judge  of  election. 

g 11.  The  returns  of  the  whole  vote  cast,  and  of  the  votes  for  the  adoption 
or  rejection  of  this  constitution,  and  for  or  against  the  articles  and  sections 
respectively  submitted,  shall  be  made  by  the  several  county  clerks,  as  is  now 


STATE  OF  ILLINOIS. 


449 


provided  by  law,  to  the  secretary  of  State,  within  twenty  days  after  the 
election;  and  the  returns  of  the  said  votes  shall,  within  five  days  thereafter, 
be  examined  and  canvassed  by  the  auditor,  treasurer  and  secretary  of  State, 
or  any  two  of  them,  in  the  presence  of  the  governor,  and  proclamation  shall 
be  made  by  the  governor,  forthwith,  of  the  result  of  the  canvass. 

^ 12.  If  it  shall  appear  that  a majority  of  the  votes  polled  are  “for  the  new 
constitution,”  then  so  much  of  this  constitution  as  was  not  separately  sub- 
mitted to  be  voted  on  by  articles  and  sections,  shall  be  the  supreme  law  of  the 
State  of  Illinois,  on  and  after  Monday,  the  8th  day  of  August,  A.D.  1870;  but 
if  it.  shall  appear  that  a majority  of  the  votes  polled  were  “against  the  new 
constitution,”  then  so  much  thereof  as  was  not  separately  submitted  to  be 
voted  on  by  articles  and  sections,  shall  be  null  and  void.  If  it  shall  appear 
that  a majority  of  the  votes  polled,  are  “for  the  sections  relating  to  railioads 
in  the  article  entitled  ‘Corporations’;  ” 9,  10,  11,  12,  13,  14  and  15,  relating 

to  railroads  in  the  said  article,  shall  be  a part  of  the  constitution  of  this  State; 
but  if  a majority  of  said  votes  are  against  such  sections,  they  shall  be  null 
and  void.  If  a majority  of  the  votes  polled  are  “for  the  article  entitled  ‘Coun- 
ties’, ” such  article  shall|be  a part  of  the  Constitution  of^this  State,  and  shall 
be  substituted  for  ArticleVII,  in  the  present  constitution,  entitled  “Counties;” 
but  if  a majority  of  said  votes  are  against  such  article,  the  same  shall  be 
null  and  void.  If  a majority  of  the  votes  polled  are  for  the  article  entitled 
“Warehouses,”  such  article  shall  be  a part  of  the  constitution  of  this  State,  but 
if  a majority  of  the  votes  are  against  said  article,  the  same  shall  be  null  and 
void.  If  a majority  of  the  votes  polled  are  for  either  of  the  sections  sepa- 
rately submitted,  relating,  respectively,  to  the  “Illinois  Central  railroad,” 
“Minority  representation,”  ‘-Municipal  subscriptions  to  railroads  or  private 
corporations,”  and  the  “Canal,”  then  such  of  said  sections  as  shall  receive 
such  majority  shall  be  a part  of  the  constitution  of  the  State;  but  each  of  said 
sections  so  separately  submitted  against  which,  respectively,  there  shall  be  a 
majority  of  the  votes  polled,  shall  be  null  and  void:  Provided,  that  the  section 
relating  to  “Minority  representation”  shall  not  be  declared  adopted  unless 
the  portion  of  the  constitution  not  separately  submitted  to  be  voted  on  by 
articles  and  sections  shall  be  adopted,  and  in  case  said  section  relating  to 
^•Minority  representation”  shall  become  a portion  of  the  constitution,  it  shall 
be  substituted  for  7 and  8 of  the  legislative  article.  If  a majority  of  the 
votes  cast  at  such  election  shall  be  for  a three-fifths  vote  to  remove  a county 
seat,  then  the  words  “a  majority”  shall  be  stricken  out  of  § 4 of  the  article  on 
counties,  and  the  words  “three-fifths”  shall  be  inserted  in  lieu  thereof;  and 
the  following  words  shall  be  added  to  said  section,  to-wit:  “But  when  an 
attempt  is  made  to  remove  a county  seat  to  a point  nearer  to  the  centre  of  the 
county,  then  a majority  vote  only  shall  be  necessary.”  If  the  foregoing  propo- 
sition shall  not  receive  a majority  of  the  votes,  as  aforesaid,  then  the  same 
shall  have  no  effect  whatever. 

^13.  Immediately  after  the  adoption  of  this  constitution,  the  governor  and 
secretary  of  State  shall  proceed  to  ascertain  and  fix  the  apportionment  of  the 
State  for  members  of  the  first  house  of  representatives  under  this  constitution. 
The  apportionment  shall  be  based  ^pon  the  federal  census  of  the  year  of  our 
Lord  1870,  of  the  State  of  Illinois,'  and  shall  be  made  strictly  in  accordance 
with  the  rules  and  principles  announced  in  the  article  on  the  legislative 
department  of  this  constitution:  Provided,  that  in  case  the  federal  census 
aforesaid  cannot  be  ascertained  prior  to  Friday,  the  23d  day  of  September,  in 
the  year  of  our  Lord  1870,  then  the  said  apportionment  shall  be  based  on  the 
State  census  of  the  year  of  our  Lord  1865,  in  accordance  with  the2rules  and 
principles  aforesaid.  The  governor  shall,  on  or  before  Wednesday,  the  28th 
day  of  September,  in  the  year  of  our  Lord  1870,  make  official  announcement 
of  the  said  apportionment,  under  the  great  seal  of  the  State;  and  one  hundred 
copies  thereof,  duly  certified,  shall  be  forthwith  transmitted  by  the  secretary 
of  State  to  each  county  clerk,  for  distribution. 

—29 


450 


CONSTITUTION  OF  THE 


§ 14.  The  districts  shall  be  regularly  numbered,  by  the  secretary  of  Stated- 
commencing  with  Alexander  county  as  number  one,  and  proceeding  then 
northwardly  through  the  State,  and  terminating  with  the  county  of  Cook;  but 
no  county  shall  be  numbered  as  more  than  one  district,  except  the  county  of 
Cook,  which  shall  constitute  three  districts,  each  embracing  the  territory  con- 
tained in  the  now  existing  representative  districts  of  said  county.  And  on 
the  Tuesday  after  the  first  Monday  in  November,  in  the  year  of  our  Lord 
1870,  the  members  of  the  first  house  of  representatives  under  this  constitution 
shall  be  elected  according  to  the  apportionment  fixed  and  announced  as  afore- 
said, and  shall  hold  their  offices  for  two  years,  and  until  their  successors  shall 
be  elected  and  qualified. 

^ 15.  The  senate,  at- its  first  session  under  this  constitution,  shall  consist 
of  fifty  members,  to  be  chosen  as  follows:  At  the  general  election  held  on 
the  first  Tuesday  after  the  first  Monday  of  November,  in  the  year  of  our  Lord 
1870,  two  senators  shall  be  elected  in  districts  where  the  term  of  senators  ex- 
pire on  the  first  Monday  of  January,  in  the  year  of  our  Lord  1871,  or  Avhere 
there  shall  be  a vacancy;  and  in  the  remaining  districts,  one  senator  shall  be 
elected.  Senators  so  elected  shall  hold  tlieir  office  two  yeai-s. 

§ 16.  The  general  assembly,  at  its  first  session  lield  after  the  adoption  of 
this  constitution,  shall  proceed  to  apportion  the  State  for  members  of  the 
senate  and  house  of  representatives,  in  accordance  with  the  provision  of  the 
article  on  the  legislative  department. 

§ 17.  When  this  constitution  shall  be  ratified  by  the  people,  the  governor 
shall  forthwith,  after  having  ascertained  the  fact,  issue  writs  of  election  to 
the  sheriffs  of  the  several  counties  of  this  State,  or,  in  case  of  vacancies,  to  the 
coroners,  for  the  election  of  all  the  officers,  the  time  of  whose  election  is  fixed 
by  this  constitution  or  schedule;  and  it  shall  be  the  duty  of  said  sheriff's  or 
coroners  to  give  such  notice  of  the  time  and  place  of  said  election  as  is  now 
prescribed  by  law. 

§ 18.  All  laws  of  the  State  of  Illinois,  and  all  official  writings-,  and  the 
executive,  legislative  and  judicial  proceedings,  shall  be  conducted,  preserved 
and  published  in  no  other  than  the  English  language. 

^ 19.  The  general  assembly  shall  pass  all  laws  necessary  to  carry  into 
effect  the  provisions  of  this  constitution. 

§ 20.  The  circuit  clerks  of  the  different  counties  having  a population  over 
60,000,  shall  continue  to  be  recorders  (ex  officio)  for  their^respecti ve  counties, 
under  this  constitution,  until  the  expiration  of  their  respective  terms. 

g 21.  The  judges  of  all  courts  of  record  in  Cook  county  shall,  in  lieu  of 
any  salary  provided  for  in  this  constitution,  receive  the  compensation  now 
provided  by  law  until  the  adjournment  of  the  first  session  of  the  general 
assembly  after  the  adoption  of  this  constitution. 

^ 22.  The  present  judge  of  the  circuit  court  of  Cook  county  shall  continue 
to  hold  the  circuit  court  of  Lake  county, until  otherwise  provided  by  law. 

23.  When  this  constitution  shall  be  adopted,  and  take  effect  as  the 
supreme  law  of  the  State  of  Illinois,  the  two-mill  tax  provided  to  be  annually 
assessed  and  collected  upon  each  dollar’s  worth  of  taxable  property,  in  ad- 
dition to  all  other  taxes,  as  set  forth  in  article  XV  of  the  now  existing  consti- 
tution, shall  cease  to  be  assessed  after  the  year  of  our  Lord  1870. 

§ 24.  Nothing  contained  in  this  constitution  shall  be  so  construed  as  to 
deprive  the  general  assembly  of  power  to  authorize  the  city  of  Quincy  to 
create  any  indebtedness  for  railroad  or  municipal  purposes  for  which  the 


STATE  OF  ILLINOIS. 


451 


people  of  said  city  shall  have  voted,  and  to  which  they  shall  have  given,  by 
such  vote,  their  assent,  prior  to  the  13th  day  of  December,  in  the  year  of  our 
Lord  1869:  Provided,  that  no  such  indebtedness,  so  created,  shall,  in  any 
part  thereof,  be  paid  by  the  State,  or  from  any  State  revenue  tax  or  fund,  but 
the  same  shall  be  paid,  if  at  all,  by  the  said  city  of  Quincy  alone,  and  by  taxes 
to  be  levied  upon  the  taxable  property  thereof:  And  provided,  further,  that 
the  general  assembly  shall  have  no  power  in  the  premises  that  it  could  not 
exercise  under  the  present  constitution  of  this  State. 

g 25.  In  case  this  constitution,  and  the  articles  and  sections  submitted 
separately,  be  adopted,  the  existing  constitution  shall  cease  in  all  its  pro- 
visions; and  in  case  this  constitution  be  adopted,  and  any  one  or  more  of  the 
articles  or  sections  submitted  separately  be  defeated,  the''provisions  of  the 
existing  constitution,  if  any,  on  the  same  subject  shall  remain  in  force. 

g 26.  The  provisions  of  this  constitution  required  to  be  executed  prior  to 
the  adoption  or  rejection  thereof,  shall  take  effect  and  be  in  force  immediately. 

Done  in  convention  at  the  capitol,  in  the  city  of  Springfield,  on  the  13th  day 
of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  seventy,  and 
of  the  Independence  of  the  United  States  of  America,  the  ninety-fourth. 


Note.— The  signatures  of  the  members  of  the  constitutional  convention  which 
formed  this  constitution  are  omitted. 


'GENERAL  IN  DEX. 


Accounts.  A. 

Laws— 

Clerk  to  keep,  of  all  papers,  etc 

Treasurer  to  keep,  of  each  separate  fund 

Comptroller  to  keep,  of  outstanding  bonds 

Collector  to  keep,  as  prescribed  by  council 

In  case  of  dispute,  appeal  to  finance  committee 

Of  school  fund,  to  be  kept  separate 

To  be  kept  by  water  commissioners 

Ordinances— 

Comptroller  shall  revise  and  audit 

How  kept  by  treasurer 

Collector  to  keep 

Finance  committee  to  prescribe  mode  of  keeping 

City  engineer  to  keep,  of  materials,  etc 

City  superintendent  of  streets  to  keep,  lof  implements 

Of  his  expenditures *. 

City  weigher  to  keep,  of  each  load  weighed 

Clerk  and  treasurer  to  keep,  of  cemetery 

Superintendent  of  police  to  keep,  of  animals  sold 

Of  fees  by  him  collected 

Manner  of  certifying  accounts 

Acknowledgments. 

Laws— 

Official  bonds 

Ordinances— 

Of  bonds  of  city  officers 

Actions. 

Laws— 

To  recover  fines  and  penalties,  how  brought 

Summons,  affidavit,  punishment 

Form  of  process,  arrest,  imprisonment,  etc 

Ordinances— 

For  vioiating  ordinances,  where  brought 

When  against  incorporated  company,  summons 

Amendments  allowed  in  prosecutions 

When  not  affected  by  repealing  ordinance 

Additions. 

Laws— 

Maps  and  plats,  approval  of 

Ordinances— 

To  be  approved  by  city  council 

Advertisements. 

Laws— 

Power  of  council  to  regulate  posting^of 

Power  to  regulate  carrying  of 

For  bids  for  public  improvements 


Section. 

82 

94 

107 

101 

109 

358 

388 


34 

56 

66 

68 

77 

93 

94' 

247 

288 

314 

368 

721 


227 

545 


67 

69 

197 


160 

162 

164 

568 


174 

723 


[17] 

[18] 


63 

63 

165 


Page 

48 

51 

55 

53 

55 

142 

151 


163 

168 

171 

171 

173 

176 

176 

210 

221 

228 

239 

339 


93 

286 


44 

44 

80 


190 

190 

191 
292 


74 

340 


36 

36 

71 


454 


GENERAL  INDEX, 


Adveetisements— Continued 

Ordinances—  Section.  Page 

For  work  to  be  done  by  special  assessment 101  178 

Ke-advertisement 104  179 

Posting  of,  on  property  without  consent  of  owner,  penalty 793  357 

Affeays. 

Laws— 

Power  to  prevent  and  suppress [721  63  41 

Ordinances— 

Penalty  for  being  guilty  of 470  270 

Aldeemen. 

Laws— 

May  be  elected  on  general  ticket « 7 24 

At  first  election,  to  be  classified 53  31 

Number  of 31  28 

Term  of  office 32  28 

Vacancy  in  office  of,  how  filled 33  28 

Qualifications  of  aldermen 34  28 

Not  to  be  interested  in  city  contracts 34  28 

Not  eligible  to  other  office  under  city  government 34  28 

Ineligible  if  convicted  of  malfeasance,  or  in  arrears  for  tax.. . 34  28 

Office  of  vacated  when  convicted  of  bribery 36  29 

May  be  expelled  only  once  for  same  offense 36  29 

Any  two  may  defer  committee  report 44  29 

May  call  special  meetings  of  city  council 46  30 

Aldermen  under  minority  plan 55  32 

Conservators  of  the  peace,  powers  of 84  48 

Compensation  of  authorized,  limitation 86  . 49 

Unlawful  to  accept  office  by  appointment  of  mayor 264  107 

Penalty  for  being  interested  in  contracts,  or  for  bribery 265,266  108 

Ordinances— 

Meetings  of  council  attended  by,  reported  by  clerk 20  161 

Authority  of  at  fires 200  200 

May  make  arrests  at 213  202 

Contesting  election  of 347  235 

Compensation  of  fixed 359  237 

Alleys— (See  streets  and  alleys). 

Laws— 

Power  of  council  over [71  63  35 

Alton  and  Sangamon  Raileoad  Co. 

Ordinance  granting  right  of  way  on  Third  street 831,832  372 

Amusements. 

Laws— 

Power  of  council  to  license,  tax,  etc [411  63  35 

Power  to  regulate  places  of [481  63  39 

Power  to  prevent  and  regulate  certain [921  63  42 

Ordinances— 

License  fees  required  for,  exceptions [291  424  257 

Penalty  for  disturbing  the  peace  at 477  271 

Keeping  open  place  of  on  Sunday,  prohibited 520  279 

Penalty  for  giving  exhibition  without  license 724  340 

Unlawful  to  give  concert,  etc.,  in  saloon  without  permit 725  340 

Good  order  to  be  preserved  at  place  of 726  340 

License  fee  for  exhibiting  lung  tester,  etc 727  340 

Animals,  Domestic. 

Laws— 

Power  to  regulate  speed  of [211  63  36 

Power  to  punish  cruelty  to [73J  63  41 

Power  to  prohibit  running  at  large [801  63  41 


GENERAL  INDEX. 


455 


Animals,  Domestic— Continued. 

Ordinances—  Section.  Page 

Unlawful  to  run  at  large,  penalty  for 300  225 

Duty  of  the  police  to  take  up  and  impound 301  225 

Any  person  injured,  etc.,  may  take  up 302  225 

Supt.  of  police  may  appoint  deputy  to  act  as  pound-keeper, 

liability 303  225 

Shall  provide  food  and  drink  for  impounded  animals 304  220 

Duty  of  pound-keeper  when  owner  fails  to  appear,  etc 305  226 

Proceedings  against  unknown  owner 306  226 

Notice,  posting,  docket  entry,  etc 306,307,308  227 

Defendant  may  have  trial  by  jury 309  227 

Order  for  sale,  form  of 310  227 

Notice  of  sale,  form  of  notice 311  227 

Manner  of  selling  impounded  animals 312  228 

Supt.  of  police  may  adjourn  sale,  etc 313  228 

Shall  keep  account  of  animals  impounded  and  sold 314  228 

Owner  entitled  to  surplus  proceeds,  how 315  228 

Penalty  for  breaking  open  pound,  etc...-. 316  228 

Penalty  for  taking  from  inclosed  lot  or  pen 317  229 

When  officer  may  take  up  horse  or  team  on  street  without 

driver 318  229 

Penalty  for  beating  animal,  or  over-loading  team 328  231 

Penalty  for  failing  to  provide  sustenance  for 329  231 

Mischievous  animal  not  to  go  at  large,  penalty 330  231 

Dead,  to  be  removed  outside  city  limits  within  24  hours 331  231 

Indecent  exhibition  of,  penalty  for 485  272 

Keeping  of,  for  fighting  or  baiting,  penalty 488  273 

Past  riding  or  driving  of,  how  punished 500  275 

Penalty  for  leaving  unfastened  on  street,  etc 500  275 

Frightening  horses  or  teams  on  streets 504  276 

Kot  to  be  fastened  to  lamp  post 513  278 

Not  to  be  fastened  to  fence  or  shade  tree,  without  consent  of 

owner 515  278 

Obstructing  sidewalks  by 623  307 

Not  to  be  led  or  driven  over  sidewalk 626  307 

Teams  not  to  be  unhitched  or  left  standing  before  or  beside 

private  houses,  etc 641  312 

Shall  not  be  fed  or  left  standing  on  paved  streets,  exceptions.  642  312 

Obstruction  of  street  or  alley  crossings  by  teams,  etc 643  312 

Excavation  in  street  not  to  be  left  open  so  as  to  endanger,  etc.  630  310 

Unlawful  to  pollute  Sangamon  river  by  putting  in  or  driving 

across  near  pumping- works  building 691  327 


Annexation  of  Teekitoky. 


Laws— 

Petition  to  be  annexed,  annexing 200  81 

Annexing  one  corporation  to  another 201  82 

Proceedings  by  corporation  to  annex  territory 202  82 

Notice  of  proceedings 203  83 

Objections  to  annexation,  trial 204  83 

Finding,  costs,  etc 205  84 

Proceedings  by  owners  to  be  annexed 206  84 

Ordinance  for  annexation  to  be  recorded 208  84 

Judicial  notice  of 210  85 

Disconnecting  territory 211  85 


Appeals. 

Laws — 

From  judgment  in  special  assessment  does  not  invalidate  or 

delay  the  same,  except,  etc 119  67 

City  not  required  to  furnish  appeal  bond 178  75 

Ordinances— 

City  attorney  authorized  to  take  in  certain  cases 119  182 

When  authorized  by  mayor  and  comptroller  or  council 119  182 


Appointments. 

Laws — 

Of  person  to  revise  ordinances 
Mayor  to  make  of  officers,  etc.. 
Of  aldermen  to  office  void 


29  2 

75  46 

264  107 


456 


GENERAL  INDEX 


Applications. 

Ordinances — Section.  Page 

For  building  permit,  how  made 388  245 

For  gunnowder  permit,  how  made 414  253 

For  licenses,  how  made 427  258 

For  pharmacist’s  permit... 465  268 

Appkopeiations. 

Laws— 

Yea  and  nay  vote  to  be  taken  upon 42  29 

Mayor  may  veto  items  of 47  30 

Ordinance  making,  to  be  published,,... 65  43 

When  to  be  made 90  50 

Additional,  to  be  first  sanctioned  by  a majority  of  the  legal 

voters 90  50 

Limitation  of  expenditures 91  50 

Salaries  may  be  fixed  in,  etc 261  106 

Ordinances— 

Unexpended  to  be  transferred  to  general  fund 40  165 

To  be  made  within  first  quarter  of  fiscal  year 718  338 

When  exhausted,  comptroller  to  notify  council 719  339 

Areests. 

Laws— 

Constable  or  sheriff  may  make 71  45 

Power  of  certain  officers  to  make .• 84  48 

Ordinances— 

When  police  officers  shall  arrest,  with  or  without  process 146  187 

Officer  may  call  upon  male  persons  to  aid  him 149  188 

No  process  necessary  when  person  is  legally  arrested  with- 
out  163  190 

Person  arrested  may  be  released  on  bail 167  f 191 

Of  offenders  at  any  fire 213  202 

Power  of  sexton  of  Oak  Ridge  Cemetery  to  make  arrests . 292  222 

When  saloon-keeper  authorized  to  make 452  265 

Railroad  employes  authorized  to  make,  when 505  276 

Article  IX  of  Gener.\.l  Incorporation  Act. 

Ordinance  adopting 816  365 

Ashes. 

Laws— 

Power  to  regulate  the  deposit  of [151  63  35 

Power  to  prevent  deposit  in  unsafe  places [631  63  40 

Ordinances  — 

To  be  deposited  in  metallic  vessels,  etc 385  245 

Penalty  for  throwing  in  street  or  alley 648  313 

May  be  removed  by  scavenger 776  353 

Assault  and  Battery. 

Ordinances— 

Penalty  for  committing 470  270 

Assessment  and  Collection  of  Taxes— (See  Taxes. ) 

Assessments  for  Improvements— (See  Special  Assessments.) 

Assessments  by  Water  Commissioners. 

Laws— 

For  use  of  water,  lien 370  145 

Of  buildings  adjoining  streets,  etc 371  145 

Of  buildings  in  vicinity  of  public  hydran:s 372  145 

Collection  of  water  rents,  warrants  for 373  146 

Unsatisfied  warrants  reported  to  council 374  146 

May  be  collected  same  as  sidewalk  assessments 374  147 

(See,  also,  Water-Works.) 


GENERAL  INDEX. 


457 


Attorney,  of  City. 

Laws—  Section. 

Election  of,  biennially 50 

To  be  elected 73 


Ordinances — 

Bond  of 113 

To  prosecute  and  defend  suits  for  city 114 

Advise  council  or  any  city  officer 115 

Draw  ordinances,  bonds  and  contracts 115 

Cause  executions  to  issue  on  judgments 116 

Examine  fee  bills,  and  certify  to  their  correctness 116 

Conduct  proceedings  in  justices’ courts,  etc 117 

Not  required  to  prosecute  suit  instituted  maliciously 118 

May  take  appeals  to  county  or  circuit  courts 119 

No  appeal  to  higher  court  without  authority,  etc 119 

Annual  report  of 120 

Keep  a record  of  all  written  opinions  furnished,  and  also  a 

register  of  all  suits  in  courts 121 

May  employ  an  assistant,  at  his  own  expense 122 

Where  office  to  be  kept 123 

Draw,  or  approve  form  of  contract  for  public  works 106 

To  be  furnished  with  list  of  witnesses  in  police  cases 170 

Advise  health  inspector  concerning  his  duties 242 


Auctioneers. 

Laws— 


Power  to  license  and  regulate [911  63 

Ordinances— 

Amount  of  license  fee  required  of 424 

Penalty  for  selling,  etc,,  without  license 728 

How  license  for  obtained,  bond  required  of 729 

No  sales  at  place  other  than  authorized  by  license,  without 

permit  from  mayor  . : 730 

Not  to  obstruct  street  dr  sidewalk,  penalty  for 731 

Penalty  for  substituting  articles,  or  making  false  representa- 
tions  732 

Avenues. 

Laws— 

Grand  Avenue,  opening  of 344 


Awnings. 

Laws— 


Power  to  regulate  [171  63 

Ordinances— 

Construction  of  in  fire  limits,  how  regulated 733 

Penalty  for  unlawful  construction  of 733 

"Wooden  awning  in  fire  limits  not  to  be  improved  or  enlarged, 

exception  734 

Decayed  or  insecure  declared  a nuisance,  etc 734 

How  may  be  constructed  without  fire  limits 735 

Penalty  for  violating  provisions  of  section 736 

Council  may  direct  removal  of  dangerous  awning 736 


Page 

30 

45 


181 

181 

181 

181 

181 

181 

181 

182 

182 

182 

182 

182 

183 

183 

179 

192 

209 


42 


255 

341 

341 

341 

341 

341 


138 


36 


342 

342 

342 

342 

343 
343 
343 


Badges. 

Ordinances— 

Of  policemen 

Of  firemen 

Of  hackmen  and  omnibus  drivers  

Of  porters  and  runners  

Bail. 

Ordinances— 

May  be  given  by  offender  arrested,  condition  of 
Suit  on  bond  in  case  defendant  fails  to  appear  .. 


155-6  189 

207  201 

661  317 

773  353 


167  191 

168  191 


458 


GENERAL  INDEX. 


Ball  Alleys. 

Laios—  Section.  Page 

Power  to  license,  regulate,  etc [441  63  38 

Ordinances— 

License  required  for 424  255 

Not  to  be  opened  on  Sunday,  penalty 520  279 

Penalty  for  keeping  of  without  license 737  344 

Keeper  of  not  to  violate  liquor  ordinance 738  344 

Ball  Playing. 

Laws— 

Power  to  prevent  and  regulate [92]  63  42 

Ordinances — 

Penalty  for  playing  in  parts  of  city  devoted  to  business 503  276 

Ballots— (See  Elections). 

Laws— 

Form  of  ballot  for  organization  under  general  law 3 22 

Form  of  on  question  of  issuing  city  bonds r 218  89 

Bannees. 

Laws— 

Power  to  regulate  the  carrying  of  [181  63  36 

Power  to  regulate  flying  of  [191  63  36 

C.  dinances— 

Not  to  extend  over  sidewalk  more  than  three  feet 621  306 

Bakbed  Wike  Fence. 

Ordinances— 

Use  of  prohibited  on  fence  or  railing 765  351 

No  fence  to  be  built  of  on  line  of  street,  etc 766  351 

Penalty  for  building,  etc.,  contrary  to  ordinance 766  351 

Bawdy  Houses— (See  Houses  of  Ill-Fame). 


Beggaes— (See  Mendicants). 
Bids— (See  Public  Works). 

Billiaed  Tables. 

Laws— 


Power  to  license,  regulate  or  prohibit [441  63  38 

Ordinances— 

License  fee  fixed  for 424  256 

Penalty  for  keeping  of  without  license 737  344 

Keeper  of  billiard  room  not  to  keep  or  sell  liquor  contrary  to 

ordinance 738  344 

Bill  Posting. 

Laws— 

Power  to  regulate [171  63  36 

Ordinances— 

Prohibited  on  building  or  wall  without  consent  of  owner. 

penalty 511  278 

Posting  of  bills  on  property  regulated 793  357 


Bieths  and  Deaths. 

Registration  of  (See  State  Board  of  Health,  chap.  126,  R.  S.  111). 


Boaed  of  Education. 

Laws— 

General  powers  of 

Consist  of  nine  members 

Council  to  elect,  qualification 

Term  of  oltice,  vacancies  in,  how  fllied. 
To  report  to  councii  money  required. .. 


354  140 

355  141 

355  141 

356  141 

357  141 


GENERAL  INDEX. 


459 


Board  of  Education— Continued.  Section.  Page 

Council  to  levy  tax,  etc 358  141 

Funds  of.  how  drawn 359  142 

Organization  after  annual  election 360  142 

Prior  acts  repealed 361  142 

(See,  also,  Schools.) 


Board  of'  Health— (See  Health  Department). 

Board  of  Water  Commissioners— (See  Wat^r- Works). 

Boilers. 

Laws— 


Power  to  regulate [631  63  40 

To  provide  for  the  inspection  of [671  63  40 

Ordinances— 

Steam  from  not  to  be  conveyed  through  sewer 600  300 


Bonds. 

Laws— 

Power  of  council  to  issue,  etc [51  63  34 

To  be  given  by  all  municipal  officers 76  46 

Penal  sum,  and  how  approved 76  46 

Record  of  to  be  kept  by  comptroller 107  55 

New  city  bonds  may  be  issued  in  place  of  old 216  86 

Rate  of  interest  in  certain  cases,  form  of,  etc 216  87 

To  be  authorized  by  vote,  etc 216  88 

Valuation  of  taxable  property  to  be  indorsed  on  bond 217  88 

Election  upon  question  of  issuing— notice 218  88 

Registration  of,  fee  for 219  89 

Auditor  to  certify  rate  of  tax  required  on 220  90 

State  custodian  of  tax  collected  on,  payment  of 221  91 

How  money  disbursed 222  92 

When  registered  bonds  mature  and  are  not  paid 223  92 

Entry  of  payment 224  92 

Fees  for  collecting,  etc.,  collector’s  bond 225  92 

By  whom  bonds  to  be  executed 226  93 

Official  bonds,  when  new  may  be  required,  etc 227  93 

Release  of  sureties  on 228  94 

Effect  of  new  office  bond 229  94 

Suit  on  bond,  etc 231  95 

Of  dram-shop  keeper,  how  taken 233  96 

Of  water  commissioners 393  152 


Ordinances— 

Of  mayor 1 157 

Of  city  clerk 15  160 

Of  city  comptroller 30  163 

Of  city  treasurer 49  167 

Of  city  collector 61  169 

Of  city  engineer 74  172 

Of  superintendent  of  streets 87  175 

Of  contractors  for  public  work 104  178 

Of  city  attorney 113  181 

Of  superintendent  of  police 127  184 

Of  sergeant  of  police 138  186 

Of  police  patrolmen 142  187 

Of  watchmen 159  189 

Of  city  prison-keeper 178  194 

Of  the  fire  marshal 198  200 

Of  members  of  the  board  of  health 219  204 

Of  health  inspector 238  208 

Of  city  weigher 246  210 

Of  the  inspector  of  weights  and  measures 258  213 

Of  members  of  the  Oak  Ridge  board 281  219 

Of  the  sexton  of  Oak  Ridge  Cemetery 291  222 

To  be  executed  by  applicant  for  building  permit 389  246 

Of  applicants  for  licenses 429  259 

Of  retailers  of  liquors 444  263 

Of  wholesale  dealers  in 462  267 

Of  pharmacists  applying  for  permit 465  268 

Of  city  officers 544  286 

Indemnifying,  to  be  given  by  contractor,  when 635  311 

Of  keepers  or  drivers  of  hacks,  et.  al 659  316 

Of  draymen,  expressmen,  et  al 669  319 


460 


GENERAL  INDEX, 


Bonds,  Ordinances— Continued.  Section.  Page 

Of  water  commissioners  and  superintendent 681  323 

Of  plumbers  in  connection  with  water- works 717  ?37 

Of  auctioneers 7LI  311 

Of  pawnbrokers 758  349 

Of  porters  and  runners 771  352 

Of  licensed  scavengers  777  353 

Of  second-hand  and  junk-dealers 784  355 

(See,  also.  Funding  Bonded-Indebtedness.) 

Bone  Factories.  * 

Laws— 

Power  to  regulate [81] 

Ordinances — 

Establishment  of  in  city  declared  a nuisance..." 

Consent  of  council  required  to  establish  within  mile  of  cor- 
porate limits 

Bon-fires— (See  Fires  and  Fireworks.) 

Laws— 

Power  to  regulate  and  prevent [651 

Books. 

Ordinances— 

Obscene  or  indecent,  not  to  be  sold  or  exhibited 

Boundaries. 

I jaws— 

Of  the  city  defined 

Ordinances— 

Of  streets  and  alleys,  city  engineer  to  survey 

Plats  of  to  be  kept  in  engineer’s  office 

Of  Oak  Kidge  cemetery 

Of  wards  in  city 

Boys. 

Ordinances— 

Heedlessly  throwing  stones  by,  prohibited 

Not  to  climb  upon  wagon  or  sleigh  in  motion 

Penalty  for  disturbing  lawful  assemblage,  etc 

Playing  about  railroad  track  or.cars  prohibited... 

Not  to  climb  or  jump  upon  cars 

Not  to  throw  stones  or  missiles  in  public  places,  or  deface  or 

injure  property,  penalty 

Not  to  disturb  peace  of  citizens  on  Sunday,  etc 

Branches. 

Ordinances— 

Filling  up,  or  changing  of,  prohibited,  without  consent  of  city 

.council 

City  engineer  to  make  survey  of 

Ordinance  respecting  the  town  branch 

Bread. 

Laws— 

Power  to  regulate  sale  of [52] 

Breweries. 

Ljaws— 

Power  to  regulate  and  direct  location  of [821 

Power  to  license [911 

Ordinances — 

Penalty  for  carrying  on  without  license 

Amount  of  license  fee  fixed  for 

How  license  for  obtained— bond  of  applicant 

Bribery. 

Laics- 

Conviction  of,  disqualifies  alderman 

Penalty  prescribed  for 


63 

41 

534 

283 

534 

283 

63 

40 

486 

273 

339-344 

136-7 

78 

173 

81 

173 

278 

218 

804-811 

360 

478 

271 

479 

271 

480 

271 

505 

275 

505 

276 

510 

277 

519 

279- 

603 

301 

6(»4 

301 

969 

410 

63 

39 

63 

41 

63 

42 

461 

266 

424 

256 

462 

267 

34 

2S 

80 

47 

GENERAL  INDEX. 


461 


Bkick. 

Laws-  Section. 

Power  to  regulate  inspection  of 1541  63 


Beidges. 

Laws— 

Power  to  construct  and  keep  in  repair [281 

Power  to  regulate  passage  of [381 

Power  to  establish  toll  bridges,  etc 18'  1 

Ordinances— 

Council  to  determine  location  and  manner  of  constructing 

bridges  and  culverts ..  — - 

Railroad  company  to  construct  or  repair,  when 

Penalty  for  tearing  up  or  negligently  injuring 

Brokees  and  Money  Changers. 


Laws— 

Power  to  license,  etc [91] 

Ordinances— 

License  fees  fixed  for [4,  51 

Defined — 


Penalty  for  not  being  licensed,  etc . . . , 
Real  estate  broker  to  procure  license, 


63 

63 

63 


96 

578 

629 


63 


424 

740 

741 

742 


Page 

39 


37 

37 

-^2 


177 

2J5 

309 


42 


255 

344 

344 

345 


Buildings. 


Laws — 

Power  to  prescribe  mode  of  construction,  etc [61,  621  63  39 

Power  to  tear  down  when  damaged [621  63  40 

Power  to  provide  for  erection  of  public [861  63  42 

Doors  of  public,  to  open  outward 298  118 

When  may  be  closed 300  118 

Ordinances— 

Erection  of,  within  fire  limits,  regulated 376  242 

How  constructed  within  fire  limits 377  243 

Roofs,  gutters  and  cornices  of,  fire-proof 378  243 

Penalty  for  violating  provisions 378  243 

Erection  or  removal  of  wooden,  in  fire  limits,  prohibited— ex- 
ceptions  379  243 

Wooden,  in  fire  limits— when  not  to  be  repaired 380  244 

Extent  of  damages  to— how  determined 380  244 

Duty  of  fire  marshal,  when  buildings  erected  or  removed  con- 
trary to  ordinance 381  243 

May,  in  such  case,  be  torn  down  by  order  of  mayor 381  243 

Owners  or  occupants  of,  to  provide  vessels  for  ashes,  etc 385  245 

To  be  inspected  by  fire  marshal 386  245 

Permit  required  for  erection  of  in  fire  limits  387  245 

Manner  of  applying  for  building  permit 388  245 

Bond  required  of  applicant 389  246 

Penalty  for  erecting  or  altering  without  permit 390  246 

Scuttles  or  openings  in  roofs  not  fire  proof 391  246 

Chimneys  or  flues  in,  how  constructed 392  247 

Stove-pipes  and  stoves  in,  how  placed  or  set  up 393  247 

Combustibles  in,  to  be  cleared  out 394  247 

To  be  inspected  throughout  city 395  248 

To  be  provided  with  fire  escapes,  when 396  248 

Use  of  fire  in.  regulated 404  251 

Doors  of  public  shall  open  outward  507  276 

Injuring  or  defacing,  penalty  for 508  277 

When  a nuisance,  how  abated  536,537  284 

To  be  furnished  with  privy  or  water-closet 539  285 

Steps  or  platform  of  not  to  extend  upon  sidewalk  more  than 

three  feet 620  305 

Not  to  extend  or  encroach  upon  street  or  alley 632  310 

Not  to  be  erected,  etc.,  without  obtaining  line  of  street 633  310 

Builder  of  not  to  encumber  street  without  permit 634  310 

Person  constructing  on  line  of  street  to  give  indemnifying 

bond  to  city ; 635  

Encroaching  upon  street,  etc.,  shall  not  be  repaired 636  311 

To  be  removed  after  written  notice,  etc 637  311 

Not  to  be  removed  through  street  without  permit 638  311 

Assessed  for  water  used  in 683  324 

Introduction  of  water  into  from  water- works 712  333 

Numbering  of,  how  done 745  345 

Posting  advertisements  or  show-bills  on 793  357 


462 


GENERAL  INDEX, 


Bull. 

Ordinances—  Section.  Page 

Indecently  exhibiting,  penalty  for 485  272 

Burial  of  the  Dead— (See  Cemeteries  and  Interments). 

Ordinances — 

Unlawful  to  bury  within  city 269  216 

Butchers— (See  Meat  Vendors). 

Butter. 

Laws— 

Power  to  regulate  sale  of  [50]  63  39 

Power  to  regulate  inspection  of [531  63  39 


Ordinances— 


Penalty  for  selling  adulterated 235  207 

Officers  authorized  to  take  samples,  and  have  the  same  ana- 
lyzed   235  207 


Canvass. 

Laws— 


Of  returns  of  election  on  city  organization 3 

Of  returns  of  city  elections 58 

Returns  of  election  on  village  organization 184 

Of  returns  of  town  election,  by  whom  made 241 

Ordinances— 

Of  returns  of  city  elections,  to  be  made  by  council 342 

(See,  also.  Elections.) 

Capitol  Avenue. 

Ordinance  for  naming 955 

Capital  Horse  Railway. 

Ordinance  granting  right  of  way  on  Monroe  street,  etc 893 


Capital  Township. 

Laws— 

When  and  how  organized 


Ordinances — 

City  clerk  ex  officio  clerk  of,  etc. 21 

Election  precincts  of,  same  as  city  wards 355 

Voting  places  in  356 

Deputy  assessors  of,  how  appointed 802 

Compensation  of  deputies  fixed,  how  paid  803 

Cars. 

Ordinances— 

Unlawful  for  boys  to  climb  or  jump  upon 505 

Not  to  obstruct  street  or  crossing  by  stopping  on,  etc 581 

(See,  also.  Railroads.) 

Cass  Street. 

Ordinance  vacating  part  of 959 


Cattle— (See  Domestic  Animals). 

Cellars. 

Laws— 


Power  of  council  to  abate  nuisance  in [841  63 

Ordinances— 

Health  inspector  to  examine,  etc 240 

Open  cellar- way  in  sidewalk  or  alley  prohibited 620 

Door  or  grating  of  not  to  extend  above  sidewalk 620 

Penalty  for  leaving  open,  etc 646 


22 

33 

77 

101 


234 


406 


112 


236 

236 

360 

360 


276 

295 

407 


41 


208 

306 

306 

313 


GENERAL  INDEX. 


463 


Cemeteeies  and  Intekments. 

Laics—  Section.  Page 

Power  to  establish,  regulate  and  remove [791  63  4i 

May  prohibit  within  one  mile  of  corporation [791  63  41 

Power  to  establish,  maintain,  etc 234  96 

When  cemetery  may  be  removed,  expense  of 235  96 

Ordinances— 

Shall  not  be  established  in  city,  or  in  one  mile  thereof 268  216 

Unlawful  to  bury  in  Hutchinson's  Cemetery,  etc 269  216 

Trespassing  upon  cemetery  grounds,  fine  for 270  216 

Penalty  for  injuring  property  at  Oak  Ridge  Cemetery 271  216 

Oak  Ridge  board  to  have  charge  of  old  cemeteries 272  217 

Sexton,  etc.,  of  to  report  monthly  to  city  clerk 273  217 

No  interment  to  be  made  without  permit  from  clerk 274  217 

How  burial  permit  may  be  obtained., 275  217 

City  clerk  to  keep  record  of  permits  issued,  and  report  same 

to  council  monthly 276  218 

Penalty  for  violating  provisions  of  article 277  218 

(See,  also.  Oak  Ridge  Cemetery.) 

Census. 

Laws— 

Authority  to  take 176  75 

Courts  to  take  judicial  notice  of  population  of  city 176  75 

Table  of  city 419 

Chaetee. 

Laws— 

Prior  laws  not  inconsistent  with,  etc.,  in  force  after  organiza- 
tion  6 23 

Provisions  of  former  city 136 

Of  water-works  company 362-405  142-154 

Of  city  horse  railway  company 877-883  388 

Cheese. 

Laws— 

Power  to  regulate  sale  of [501  63  39 

Power  to  regulate  inspection  of [531  63  39 

Ordinances— 

Penalty  for  selling  unwholesome 235  207 

Duty  of  health  inspector  in  relation  to 235  207 

Chimneys— (See  Buildings). 

Laws— 

Power  to  prevent  dangerous  construction  of [631  63  40 

Ordinances — 

Construction  of  regulated 392  247 

Penalty  for  erecting  contrary  to  ordinance 392  247 

Chueches. 

Ordinances— 

Doors  of  to  open  outward 507  276 

Penalty  for  disturbing  congregation  at,  etc 518  279 

Snow  on  sidewalk  in  front  of  to  be  removed 627  307 

CiEcus— (See  Amusements.) 

Ordinances— 

Amount  of  license  fee  for  exhibiting 524  257 

CiSTEENS. 

L^aws— 

Power  to  regulate  construction  and  use  of [571  63  39 

Ordinances— 

Not  to  be  left  open  adjoining  street,  etc 646  313 

On  premises  supplied  from  water- works,  how  regulated 694  328 

Regulation  of  when  on  a line  between  two  separate  premises.  697  329 

Cities. 

Laws— 

Organization  of,  under  general  law 21 

How  city  may  adopt  general  incorporation  act 1 21 

How  towns  may  become  cities 4 22 


464 


GENERAL  INDEX, 


Cities.  7>at,(;s— Continued. 

Organizing— petition— election— result 

Courts  to  take  judicial  notice  of  organization 

Prior  laws  in  force,  when 

Corporate  name— powers  of 

Prior  ordinances  in  force  until,  etc 

Legal  identity  not  affected  by  change  of  organization... 
Rights  and  property  of  old  corporation  to  vest  in  new.. . 

Record  of  resiilt  of  election 

Number  of  aldermen  in 

Not  to  become  indebted  to  amount  exceeding,  etc 

Fiscal  year  of 

Power  to  make  improvements  by  special  assessment... 

May  buy  in  from  special  assessment 

May  adopt  article  IX,  etc 

Tax-payer  may  enforce  rights  in  name  of  city 

Inhabitants  of  competent  as  jurors,  etc 

Municipal  year  of 

City  need  not  give  appeal  bond 

Changing  from  city  to  village 

Certify  tax  rates  to  county  clerk 

May  purchase  delinquent,  special  assessments 

May  levy  taxes  for  sewerage,  water  and  light  purposes, 

City  Attorney- (See  Attorney.) 

City  Council. 

Laws — 

To  submit  question  of  incorporation  under  general  law. 

Canvass  returns  of  election  on  organization 

May  elect  mayor  pro  tern 

May  disapprove  of  removal  of  appointed  officer 

Fix  compensation  of  revisers  of  ordinances 

How  composed 

Judge  of  election  and  qualification  of  its  members 

May  punish  its  members— expel  member 

Determine  its  own  rules 

A majority  of  shall  constitute  quorum 

May  compel  presence  of  absentees 

Meetings  of 

May  elect  temporary  chairman 

Shall  sit  with  open  doors 

Journal  of 

Yeas  and  nays— when  taken 

Not  to  rescind  vote  at  special  meeting  unless,  etc 

When  committee  report  laid  over 

Territorial  jurisdiction  of 

Special  meetings  of— how  called 

Shall  designate  places  of  election 

Shall  give  notice  of,  and  appoint  judges  and  clerks 

Shall  canvass  election  returns  and  declare  result 

Cause  result  of  election  to  be  entered  on  its  journals  ... 

To  control  finances  of  the  corporation 

Appropriate  money  for  corporate  purposes 

Levy  and  collect  taxes 

Fix  the  amount,  terms,  etc.,  of  licenses 

Borrow  money  and  issue  bonds 

Lev^y  tax  to  pay  indebtedness 

Issue  bonds  in  place  of  maturing  bonds 

Open,  alter  and  improve  streets,  alleys,  etc 

Plant  trees  upon  streets 

Regulate  use  of  the  streets 

Remove  encroachments  or  obstructions  from 

Provide  for  lighting  streets 

Provide  for  cleansing  streets 

Regulate  openings  in  streets,  etc 

Regulate  use  of  sidewalks 

Require  removal  of  snow  or  other  obstructions 

Prevent  depositing  of  ashes,  etc.,  in  streets,  etc 

Provide  for  cross-walks,  curbs  and  gutters 

Regulate  signs,  awnings,  telegraph  poles,  etc 

Regulate  banners,  placards  and  advertisements 

Regulate  and  prevent  flying  of  flags,  etc 

Regulate  traffic  and  sales  upon  streets,  etc 

Regulate  speed  of  animals  and  locomotives 

Regulate  numbering  of  houses  and  lots 

Name  and  change  the  name  of  streets 

Permit  and  regulate  laying  of  horse-railroad  tracks  — 


Section.  Page 

5 22 

6 23 

0 23 

10  24 

11  24 

11  24 

12  24 

13  25 

31  28 

[5]  63  34 

89  50 

117  58 

160  70 

169  73 

173  74 

175  74 

177  75 

178  75 

195  79 

303  120 

305  121 

...  318-19  126 


1 21 

3 22 

18  26 

21  26 

29  27 

30  28 

35  28 

36  29 

36  29 

37  29 

37  29 

38  29 

39  29 

40  29 

41  29 

42  29 

43  29 

44  29 

45  29 

46  30 

57  33 

57  33 

58  33 

58  33 

..Lll  63  34 

..12]  63  34 

..[,31  63  34 

..[41  63  34 

..[51  63  34 

..!5]  • 63  34 

. [61  63  35 

..[71  63  35 

..[8]  63  35 

..[91  63  35 

.[101  63  35 

.111]  63  35 

.[12]  63  35 

[13]  63  35 

.[14]  63  35 

[14]  63  35 

. [15]  63  35 

.[16]  63  36 

.[17]  63  36 

.[18]  63  .36 

.[19]  63  36 

[20]  63  36 

,[21]  63  36 

[22]  63  S3 

,[23]  63  36 

[24]  63  36 


GENERAL  INDEX. 

City  CouNCiii.  iatos— Continued. 

Change  location  and  grade  of  railroad  crossings 

Powers  of  council  over  railroad  companies 

Construct  bridges,  viaducts,  tunnels,  etc 

Construct  and  repair  culverts,  drains,  sewers,  etc 

Deepen,  widen,  dock,  etc.,  channels  of  water-courses. 

Construct  and  keep  in  repair  canals  and  slips 

Erect  and  keep  in  repair  public  landing  places,  etc 

Regulate  and  control  use  of  landing  places,  etc 

Control  and  regulate  anchorage  and  moorage 

License  and  regulate  wharf  and  other  boats 

Eix  rates  of  wharfage  and  dockage 


Appoint  harbor-masters. 


Prohibit  sale  of  obscene  books,  prints,  etc 

License  and  regulate  sale  of  liquor 

Punish  selling  or  giving  liquors  to  minors,  etc. 

To  establish  markets  and  market-houses 

Power  to  regulate  sale  of  provisions 


Provide  for  inspection  of  provisions 


Enforce  keeping  proper  weights  and  measures. 
Regulate  construction  and  use  of  vaults  and  eie 

Regutate  places  of  amusement 

Prevent  intoxication,  fighting,  etc 

Regulate  partition  fences  and  party  walls 


Prevent  dangerous  construction  of  chimneys,  etc. 

Provide  engine  houses  and  fire  engines 

Regulate  storage  of  combustibles  and  fire-works. 


Establish  calabooses  and  work-houses  

Use  county  jail  for  confinement  of  offenders 


Establish,  regulate  and  remove  cemeteries 

Prohibit  stock  running  at  large 

Impose  tax  on  dogs 


Prohibit  offensive  or  unwholesome  business 

Compel  removal  of  unwholesome  business 

Power  to  take  census 

Provide  for  erection  of  public  buildings 

Establish  ferries  and  toll  bridges 

Authorize  construction  of  mills  and  mill  races 

Extend  street  or  construct  sewer  through  railroad  la 
Grant  privilege  to  lay  railroad  track  only  on  petition 

License  and  regulate  auctioneers,  etc 

Regulate  the  rolling  of  hoops,  playing  of  ball,  etc.  ... 

Regulate  lumber  yards .. 

Provide  for  furnishing  supplies  by  contract...., 

License  and  regulate  second-hand  and  junk  stores  .. 

Pass  all  necessary  ordinances,  etc 

Jurisdiction  over  waters,  street  labor 

Council  to  be  elected 

Create  and  discontinue  offices 

May  define  powers  and  prescribe  duties  of  officers  ... 

Journal  of,  kept  by  city  clerk 

Fix  compensation  of  mayor,  etc 

Pass  annual  appropriation  bill 

Order  improvement  after  appropriation  is  made 

Make  temporary  loan,  when 

Provide  for  payment  of  judgments 

—30 


465 

Section. 

Page 

.[251 

63 

36 

;-27] 

63 

36 

.1281 

63 

37 

.1291 

63 

37 

,1301 

63 

37 

.1311 

63 

37 

.[32] 

63 

37 

.[331 

63 

37 

.1341 

63 

37 

.[351 

63 

37 

.136] 

63 

37 

.137] 

63 

37 

63 

37 

.139] 

63 

37 

.[40] 

63 

37 

)44] 

63 

38 

.[45] 

63 

38 

L45] 

63 

38 

.[46] 

63 

38 

.[48] 

63 

39 

.[49] 

63 

39 

.[50] 

63 

39 

.[51] 

63 

39 

.[52] 

63 

39 

.[53] 

63 

39 

.[54] 

63 

39 

.[55] 

63 

39 

.[56] 

63 

39 

.[57] 

63 

39 

.[58] 

63 

39 

.[59] 

63 

39 

.[60] 

63 

39 

.[61] 

63 

39 

.[621 

63 

39 

.[63] 

63 

40 

.[64] 

63 

40 

.[65] 

63 

40 

),68] 

63 

40 

.[67] 

63 

40 

.[69] 

63 

40 

.[70] 

63 

40 

.[71] 

63 

40 

.[72] 

63 

41 

.[7.3] 

63 

41 

.[74] 

63 

41 

.[75] 

63 

41 

.[76] 

63 

41 

.177] 

63 

41 

.[78] 

63 

41 

.[791 

63 

41 

.[80] 

63 

41 

.[80] 

63 

41 

.[81] 

63 

41 

.[82] 

63 

41 

.[83] 

63 

41 

.[84] 

63 

42 

.[85] 

63 

42 

.[86] 

63 

42 

.[87] 

63 

42 

.[88] 

63 

42 

.[89] 

63 

42 

.[90] 

63 

42 

[91] 

63 

42 

.[92] 

63 

42 

,[93] 

63 

43 

[94] 

63 

43 

.[95] 

63 

43 

.[96] 

63 

43 

72 

45 

73 

45 

74 

45 

75 

45 

82 

48 

85,86 

49 

90 

50 

91 

50 

91 

51 

91 

51 

466 


GENERAL  INDEX. 


City  Council.  Xa?/5s— Continued. 

Contracting  liabilities  limited  

Deposit  of  city  funds  

May  levy  and  collect  taxes,  limitation 

Make  improvements  by  special  assessment  or  special  taxa 

Appoint  committee  to  make  estimate  of  cost,  etc 

Order  petition  for  special  assessment  filed  in  court  

May  order  purchase  of  delinquent  assessment 

May  annul  special  assessment 

May  order  new  assessments  against  delinquents 

May  provide  for  a supply  of  water 

Acquire  property  for  water- works 

Make  regulations,  rates,  etc.,  concerning  water 

May  levy  tax  and  appropriate  money  for  water- works 

Approve  maps,  plats,  sub-divisions,  etc 

Provide  for  labor  by  prisoners,  etc 

May  annex  territory,  upon  petition,  etc 

Proceedings  by  corporation  to  annex  territory 

May  disconnect  territory 

May  call  election  on  question  of  issuing  bonds 

Establish  and  maintain  cemeteries 

May  remove  cemeteries 

Grant  license  for  keeping  dram-shop,  terms  of 

Unlawful  to  license  house  of  ill-fame  

Provide  for  issuing  warrants  against  tax  levy  

Eix  salaries  of  city  officers,  when  

May  determine  when  vacancy  exists  in  any  office 

Fix  compensation  of  oil  inspector 

Territory  of  city  organized  as  a town 

Powers  exercised  by  council  in  such  case 

May  consolidate  certain  town  offices 

Regulate  number  of  justices  of  peace .• 

Fill  vacancies  in  town  offices 

May,  in  conjunction  with  mayor,  close  public  buildings.. . 

May  levy  tax  for  educational  purposes  

Ratify  joint  contracts  for  sewerage  

Levy  and  collect  taxes  for  sewerage,  water  and  lights 

May,  by  ordinance,  require  labor  on  streets 

May.  by  three-fourths  majority,  vacate  streets 

Consent  of,  necessary  to  erect  telegraph  poles 

May  cause  cemetery  ground  to  be  subdivided  and  laid  oul 

Make  rules  and  regulations  for  Oak  Ridge  Cemetery 

Consent  of,  required  to  sell  or  lease  school  lands 

Elect  members  of  the  board  of  education 

Levy  tax  required  by  board  of  education 

Fix  salary  of  water  commissioners  and  superintendent... 
Pass  ordinances  for  protection  of  water- works  property. 
May  order  election  of  water  commissioners 

Ordinances — 

Regular  meeting  of  council,  when  held 

Special  meetings  of 

Majority  of  constitutes  quorum,  etc 

No  vote  of  rescinded  at  special  meeting,  unless,  etc 

Report  of  committee,  may  be  deferred 

Report  of  committees,  how  made 

Shall  try  contests  for  election  of  aldermen,  decisions  fina 

Fix  time  and  place  for  taking  depositions  in  contests 

Refer  evidence  in  to  appropriate  committee 

Vote  upon  by  “yeas”  and  “nays”  entered  in  journal 

Ballots  may  be  produced  before  council 

Compensation  of  members  fixed 

May  order  removal  of  building,  when  nuisance 

Approve  plats  of  additions  or  subdivisions 

May  order  removal  of  awnings,  when 

Consent  to  erection  of  telegraph  poles,  etc.,  in  streets — 

City  Clekk. 

Laws— 

Ordinances  to  be  deposited  in  office  of 

When  to  be  elected 

Returns  of  election  made  to 

To  notify  persons  elected  or  appointed  to  office 

When  may  call  special  election 

Certify  to  ordinances  

Oaths  and  bonds  of  officers  to  be  filed  with 

Bond  of  to  be  filed  with  treasurer 

Receive  certificate  of  his  election  from  mayor 


Section, 

Page 

51 

52 

57 

)n  117 

58 

1?6 

63 

137 

63 

70 

70 

163 

70 

170 

73 

171 

73 

172 

74 

172 

74 

173 

74 

197 

81 

200 

81 

202 

82 

211 

85 

218 

88 

234 

96 

235 

96 

236 

97 

249 

103 

253 

104 

261 

106 

269 

109 

270 

109 

278 

111 

281 

112 

282 

112 

283 

112 

284 

112 

300 

118 

309 

122 

317 

125 

...  318,319 

126 

327 

131 

329 

131 

331 

132 

346 

138 

352 

140 

140 

355 

141 

358 

141 

392 

152 

394 

152 

400 

153 

8 

159 

9 

159 

10 

159 

11 

159 

13 

160 

14 

160 

347 

235 

350 

235 

352 

235 

352 

236 

353 

236 

359 

237 

536 

284 

723 

340 

..  734-736 

342 

794 

357 

47 

30 

50 

30 

58 

33 

60 

33 

61 

33 

66 

43 

76 

46 

76 

46 

77 

47 

GENERAL  INDEX, 


467 


City  Clekk.  Xatos— Continued.  Section. 

Sign  commissions  of  city  officers 77 

Not  to  hold  other  office 81 

Shall  attend  meetings  of  city  council,  etc 82 

Record  all  ordinances 83 

May  administer  oaths 88 

Give  receipts  to  collector 101 

Perform  duties  of  comptroller,  when 105-107 

May  appoint  clerks  and  subordinates 110 

File  certified  copy  of  ordinance  levying  taxes 112 

Issue  warrants  lor  collection  of  special  assessments 150 

To  execute  city  bonds.. 226 

May  certify  records,  etc 244 

Deposit  of  ordinances  in  office  of 258 

To  perform  duties  of  town  clerk,  when 282 

To  prepare  special  tax  list  for  sidewalks,  when 323 

Issue  warrants  to  collect  special  tax  for  sidewalks 323 

Pay  over  sidewalk  tax  collected  to  treasurer 323 

Return  delinquent  special  tax  list  for  sidewalks,  etc 324 

Shall  keep  cemetery  records 348 

Ordinances— 

Bond  of 15 

Keep  his  office  at  city  hall,  office  hours 16 

Attend  all  meetings  of  council,  and  keep  record  of .* 17 

Issue  notices  of  special  meetings . 17 

Issue  committee  notices 17 

Deliver  papers  referred  by  council  to  committees,  etc 18 

Prepare  commissions,  licenses  and  permits 19 

Report  to  comptroller  meetings  of  council  attended,  etc 2o 

Shall  be  ex-officio  clerk  of  Capital  township 21 

May  appoint  deputy  when  authorized  by  council 22 

Carefully  preserve  books,  records,  papers,  etc.,  in  his  office...  23 

Furnish  city  attorney  copies  of  ordinances,  etc 114 

Shall  be  clerk  of  board  of  health 220 

Certify  orders  of  board  of  health 223 

Physician  to  report  patient  having  contagious  or  infectious 

disease  to  229 

Issue  burial  permits 275 

Keep  record  of  all  permits  issued— report  to  council - 276 

Keep  plat  of  Oak  Ridge  Cemetery 286 

Countersign  cemetery  deeds 287 

Keep  cemetery  account,  and  report  receipts 288 

Furnish  sexton  list  of  lots  sold  each  month 293 

Applications  to  inter  in  cemetery  made  to 294 

Give  notice  of  elections— manner  of 333 

Provide  poll-books  and  blanks  for  judges  of  elections 338 

Give  notice  to  persons  elected  or  appointed  to  office 344 

Preserve  ballots  of  elections  for  six  months,  etc 354 

Fees  authorized  to  be  charged  by 370 

To  keep  account  and  make  semi-annual  report  of  all  fees  col- 
lected  371 

Issue  permits  for  building  within  fire  limits 388 

Sign  permits  for  keeping  gunpowder 414 

Issue  licenses  to  applicants 427 

Certify  to  transfer  of  license 433 

Keep  license  register— report  number  issued  each  month 439 

Duty  to  notify  persons  whose  licenses  have  expired 440 

Notify  retailers  of  liquors  to  procure  printed  copy  of  article 

relating  to  their  business 458 

Issue  and  attest  permits  to  pharmacists 466 

Prepare  and  issue  commissions  to  officers 546,547 

To  file  and  preserve  originals  of  ordinances— clerical  errors  in  562 

Cause  ordinance  to  be  published— when 563 

Make  memorandum  of  passage,  etc.,  at  foot  of  record  of 564 

Revised  ordinances  to  be  deposited  in  office  of.  etc 566 

Furnish  street-lighting  companies  copies  of  chapter  relating 

. to  street  lights 657 

Custodian  of  the  corporate  seal 744 

City  Tkeasukeb. 

Laws — 

When  elected T 50 

Not  eligible  for  two  terms  in  succession 50 

To  be  elected.'. 73 

Bond  of 76 

Not  to  hold  any  other  office 81 

Duties  of 93 


Page 

47 

48 
48 
48 
50 
53 

54.5 

56 

57 
67 
93 

102 

106 

112 

129 

129 

129 

129 

139 


160 

160 

160 

160 

160 

160 

160 

161 

161 

161 

161 

181 

204 

205 

206 

217 

218 
220 
221 
221 
223 
223 

232 

233 

234 
236 
240 

240 

246 

253 

259 

260 
261 
262 

266 

268 

287 

291 

291 

291 

292 

315 

345 


30 

30 

45 

46 
48 
51 


468 


GENERAL  INDEX, 


City  Tbeasuber.  Xawj.s— Continued. 

Books  and  accounts  of,  subject  to  inspection 

Shall  keep  separate  accounts  of  each  fund 

Shall  give  receipts,  and  file  copies  of  same 

Monthly  statements  of,  warrants,  vouchers,  register 

Deposit  of  funds,  separate  from  his  own 

Not  to  use  corporation  moneys  for  his  own  benefit 

May  be  removed  from  office  by  city  council 

Annual  report  of 

Warrants  drawn  upon 

To  keep  special  assessment  funds  separate 

Council  may  impose  other  duties  upon 

May  appeal  to  finance  committee 

May  appoint  clerks  when  authorized,  etc 

Salary  of— when  to  be  fixed 

Trustee  of  firemen’s  relief  fund 

How  school  funds  paid  out  by 

Ordinances— 

Member  of  department  of  finance 

Bond  of,  to  city 

Receive  all  moneys  of  the  corporation 

Give  receipts  therefor,  and  file  copies  of 

Keep  register  of  city  warrants  redeemed,  etc 

When  warrant  lost  or  destroyed,  duplicate  may  be  issued... 

Money  received  on  special  assessments— how  applied 

Keep  moneys  of  corporation  separate,  etc : 

Report  delinquent  officer  to  comptroller 

How  books  and  accounts  of,  to  be  kept 

Shall  render  accounts  monthly 

Annual  report  of. 

Finance  committee  to  examine  reports  of 

Keep  cemetery  account  with  city  clerk 

Keep  account  of  moneys  received  from  impounded  animals. 

City  Comptbolleb. 

Laws— 

Power  of  council  to  provide  for  election  or  appointment  of.. 

Powers  and  duties  of 

Submit  estimates  of  expenditures  to  city  council 

May  require  statements  from  all  officers 

Report  income,  liabilities,  etc 

Council  may  define  the  duties  of 

Keep  record  of  bonds  issued  by  city 

Appeal  of,  to  finance  committee 

When  may  appoint  subordinate 

Insurance  companies  to  render  account  to 

Make  registration  of  bonds 

When  may  draw  warrants  in  anticipation  of  taxes 

Trustee  of  police  and  fire  relief  fund 

Ordinances— 

Head  of  department  of  finance 

(jffice  of  comptroller  created 

How  and  when  appointed 

Bond  of— amount 


Have  charge  of  deeds,  bonds,  contracts,  etc 

Supervise  city  debts,  contracts,  payment  of  interest,  legal 

proceedings,  etc 

May  employ  additional  council  in  special  cases 

Open  and  keep  a complete  set  of  books 

Books  and  papers  subject  to  examination,  etc 

Revise  and  audit  accounts,  draw  warrants 

May  require  statements  under  oath 

Keep  accurate  list  of  warrants  drawn,  etc 

Warrants  of— how  signed 

Require  monthly  reports  of  officers  collecting  moneys 

Duty  of,  when  officer  neglects  to  report 

Keep  detailed  account  of  city  revenues,  and  of  all  debts  due 

from  or  owing  to  city 

Notify  city  council  when  any  appropriation  is  exhausted 

Transfer  unexpended  balances  to  general  fund— when 

Keep  register  of  all  outstanding  bonds 

Keep  list  of  local  improvements... : 

Attend  sales  of  real  estate,  and  bid  thereat  for  city 


Section.  Page 


93 

51 

94 

51 

95 

51 

96 

52 

97 

52 

97 

52 

97 

52 

98 

52 

99 

53 

100 

53 

108 

55 

109 

55 

110 

56 

261 

106 

290 

115 

359 

142 

26 

162 

49 

167 

50 

167 

50 

167 

51 

167 

52 

167 

53 

168 

54 

168 

55 

168 

56 

168 

57 

168 

58 

169 

70 

171 

288  . 

221 

314 

228 

74 

45 

105 

54 

105 

54 

105 

54 

105 

55 

106 

55 

107 

55 

109 

55 

110 

56 

111 

56 

219 

89 

253 

104 

290 

115 

26 

162 

28 

162 

29 

162 

30 

163 

31 

163 

31 

163 

31 

163 

32 

163 

32 

163 

33 

163 

33 

163 

34 

163 

35 

164 

36 

164 

36 

164 

37 

164 

37 

164 

38 

165 

39 

165 

40 

165 

41 

165 

42 

165 

43 

166 

GENEEAL  INDEX.  469 


City  Comptroller.  Ordinances— Continued.  Section.  Page 

Countersign  licenses,  and  enter  in  book 44  166 

Make  monthly  reports  to  city  council 45  166 

Annual  report  of— what  to  contain 46  166 

Estimates  of  annual  expenditures 47  166 

Deliver  books  and  effects  upon  expiration  of  official  term. 48  167 

Supervise  books  and  accounts  of  collector 66  171 

To  countersign  contracts  for  public  works 106  179 

When  may  draw  warrant  on  account  of  public  work 110  180 

Provide  blank  reports  for  magistrates 172  192 

Institute  suit,  in  name  of  city,  against  delinquent  magistrates,  173  193 

Procure  book  and  blanks  for  city  weigher 251  212 

Procure  standards  for  inspector  of  weights,  etc 259  213 

Draw  warrants  on  treasurer  for  salaries 358  237 

Licenses,  when  issued,  to  be  presented  to,  etc 435  261 

To  notify  council  when  any  fund  is  exhausted 719  339 

City  Collector. 

Laws— 

Power  to  appoint,  etc 74  45 

Duties  of 101  53 

Books,  warrants  and  papers  open  to  inspection 101  53 

Reports  required  of 102  53 

Not  to  detain  money— penalty 103  54 

Examination  of  his  books— paying  over 104  54 

To  take  receipts  from  treasurer,  etc 104  54 

Council  may  require  further  duties  of 108  55 

May  appeal  to  finance  committee  in  adjusting  accounts 109  55 

To  give  notice  of  warrant  for  special  assessment 152  67 

Manner  of  collecting— entry  of  payment 153  68 

Penalty  for  not  serving  notice 153  68 

Report  delinquent  list  to  county  collector 154  68 

Penalty  when  lands  are  sold  on  which  tax  is  paid 157  69 

Paying  over— compensation 158  69 

Collection  of  special  assessment  by  suit 167  72 

Ordinances— 

Member  of  department  of  finance 26  162 

Office  of  collector  of  special  assessments,  etc.,  created 59  169 

How  appointed— when 60  169 

Bond,  form  of 61  169 

To  execute  warrants  for  special  taxes  and  assessments 62  170 

Manner  of  receiving  and  receipting  for  same 63  170 

When  may  allow  discount  on  special  assessment 63  170 

To  pay  over  moneys  as  soon  as  collected 64  170 

Make  monthly  and  yearly  reports  to  comptroller 64  170 

To  report  delinquent  assessments  to  county  collector— how 

made 65  170 

Books  and  accounts  of— how  kept,  etc 66  171 

Compensation  of,  fixed 360  237 

City  Engineer. 

Laws — 

Authority  to  appoint 74  45 

Ordinances — 

Member  of  department  of  public  works 71  172 

Office  of,  created 72  172 

How  and  when  appointed 73  172 

Bond  of 74  172 

General  duties  of 75  172 

To  superintend,  when  required,  any  public  work 76  172 

Inspect  and  measure  materials,  etc 77  172 

Examine  and  certify  to  bills  for  materials  received 77  173 

Make  surveys  of  the  grade  or  boundaries  of  streets,  etc 78  173 

Plat  or  profile  of  surveys  to  be  approved  by  council 78  173 

Give  grade  of  street,  alloy  or  sidewalk  without  charge 79  173 

May  employ  chainman  and  necessary  assistants. ..  79  173 

To  provide  himself  with  notes  of  original  surveys 80  173 

Keep  plats  of  grades  and  boundaries  of  streets,  etc 81  173 

Keep  correct  surveys  and  location  of  public  sewers 81  174 

Issue  permits  for  connecting  private  with. public  sewers 82  174 

Make  annual  report  to  city  council 83  174 

Pro^orve  in  his  office  plats  of  surveys,  books,  maps,  etc 84  174 

Prepare  plans  and  specifications  for  public  works 100  177 

Certify  to  public  work  when  completed 110  180 


470 


GENERAL  INDEX. 


City  Engineer.  Ordmances— Continued.  Section.  Page 

Duty  of,  to  keep  plats  of  the  sewerage  districts 598  300 

To  make  surveys  of  natural  drains,  when  required 604  301 

May  give  temporary  grade  for  sidewalk 611  303 

Line  of  street  to  bo  given  by 633  310 

May  notify  owner  of  building  encroaching  upon  street 637  311 

Duty  of,  in  regard  to  numbering  houses 746  346 

City  Superintendent  of  Streets. 

Laws— 

Power  of  council  to  appoint 74  45 

Ordinances — 

Member  of  department  of  public  works 71  172 

How  and  when  appointed 86  175 

Bond  to  be  executed  by 87  175 

Have  charge  of  improvement,  cleaning  and  repair  of  streets 

and  alleys 88  175 

Necessary  repairs  only  to  be  made  without  order  of  council. . , 88  175 

Cause  ordinances  in  relation  to  streets,  etc.,  to  be  enforced. ..  89  175 

Carry  into  effect  orders  of  council,  mayor,  etc 89  175 

Cause  streets  and  alleys  to  be  cleaned  annually 90  175 

Examine  sewers,  culverts  and  bridges,  and  report 90  175 

May  employ  necessary  laborers,  teams  and  carts 91  175 

Shall  oversee  and  direct  street  laborers 91  175 

Supervise  connections  of  drains  and  sewers 91  176 

May  procure  necessary  implements  and  materials  for  street 

work— how  procured 92  176 

Cause  all  implements  of  city  to  be  marked 92  176 

Keep  list  of  implements  and  materials  belonging  to  city 93  176 

Deliver  property  to  his  successor 93  176 

Keep  such  account  book  as  required  by  finance  committee 94  176 

Examine  accounts  of  contractors  for  work,  etc..  94  176 

Make  monthly  reports  of  expenditures  in  his  department 95  176 

Render  accounts  so  as  to  show  to  what  ward  chargeable 95  176 

Construction  of  bridges,  culverts  and  crosswalks 96,97  177 

Compel  male  offenders  committed,  etc.,  to  labor  on  streets 190  197 

May  commit  such  persons  to  prison  when  not  laboring 191  197 

Persons  refusing  to  labor,  etc.,  recommitted  to  confinement. . 192  197 

May  attach  ball  and  chain  to  prisoner  to  prevent  escape 192  197 

Report  to  council  number  of  days’  labor  of  offenders 194  198 

Serve  notice  on  railroad  company  to  raise  or  lower  its 

railroad  track,  etc 577  294 

Duty  to  notify  railroad  company  to  build  crossing,  etc.— when  578  295 

To  notify  company  to  station  flagmen,  when  required 580  295 

Superintend  the  construction  of  sidewalks 614  304 

Supervise  construction  of  vaults  and  coal-holes 617  305 

Repair  defective  sidewalks,  and  abate  when  nuisance 619  305 

Enforce  provisions  respecting  construction  and  use  of  side- 
walks  620,621  306 

May  give  permission  for  excavating  in  street 628  309 

Notify  owner  of  building  encroaching  on  street  or  alley  to  re- 
move in  thirty  days 637  311 

Notify  persons  to  remove  obstructions  from  streets,  etc 647  313 

Notify  persons  violating  ordinance  relating  to  construction  of 

awnings 733  342 

May  designate  dumping  grounds  for  scavengers 778  354 

Enforce  ordinance  in  relation  to  planting  trees 798  359 

Shall  cause  trees  on  streets  to  be  trimmed— when 801  359 

City  Prison  and  Workhouse. 

Laws— 

Power  of  council  to  establish  and  erect [69]  63  40 

Ordinances— 

Prison  and  workhouse  established— where 176  193 

City  Prison- Keeper. 

Laws— 

Power  to  appoint [691  63  40 

Ordinances—  * • 

Office  created t 177  194 

How  appointed— bond  of 178  194 

To  be  ex-oj^cio  a policeman 179  194 

Shall  reside  at  prison 179  194 


GENERAL  INDEX.  471 


City  Pkison-Keeper.  0?-t^mance.s— Continued.  Section.  Page 

Duties  of  keeper 179  194 

Receive  and  receipt  for  persons  committed 180  194 

Enter  date  and  amount  of  fine,  etc.,  in  book 180  194 

May  require  persons  committed  to  perform  manual  labor 181  195 

Keep  record  of  each  person  committed  or  confined 182  195 

Report  monthly,  in  writing,  to  city  council 183  195 

Not  to  release  person  in  his  custody,  except,  etc 184  195 

Penalty  for  releasing  or  discharging  contrary  to  ordinance. ..  184  196 

Keep  prison  clean  and  in  good  order 185  196 

Enforce  rules  and  regulations  for  government  of  same 186  196 

May  employ  medical  assistance  for  prisoner— when 187  196 

Police  committee  to  visit  prison  once  a month 188  196 

Treat  persons  committed  to  his  charge  humanely 189  196 

Not  to  supply  intoxicating  liquor  to  prisoner,  etc 189  196 

May  be  removed  from  office  for  violating  ordinance 189  197 

Deliver  male  prisoners  to  street  superintendent  to  work  out 

fine  and  costs,  taking  receipts  for,  etc 190  197 

City  Printing. 

Lawn— 

Power  to  let  to  lowest  bidder  .• [941  63  43 

City  Property. 

Laws— 

Two-thirds  vote  of  council  required  to  sell 42  29 

City  Register. 

Laws— 

Office  of.  abolished 14  25 

City  Weigher. 

Laws — 

Power  to  regulate  weighing,  etc [541  63  39 

Ordinances— 

Appointment  of 245  210 

To  execute  bond 246  210 

Duties  of,  at  city  scales 247  210 

To  make  entry  of  weight  and  give  certificate 247  210 

What  certificate  shall  state— re- weighing  of  vehicle 248  211 

Deductions  in  weighing— how  made 249  211 

Weights,  etc.,  computed  according  to  laws  of  8tate 249  211 

Test  accuracy  of  scales,  and  keep  in  good  order 250  211 

Comptroller  to  furnish  blank  certificates 251  212 

Make  report  to  council  first  Monday  in  each  month 252  212 

May  appoint  deputy  at  his  own  expense— when 253  212 

Penalty  for  neglect,  etc.,  or  giving  false  certificate 254  212 

Certain  persons  not  to  be  appointed  to  office  of 255  212 

Penalty  for  altering  weigher’s  certificate,  etc 256  212 

Duty  of  weigher  to  prosecute  persons  guilty  of  fraud  or  deceit  256  212 

(See,  also.  Inspector  of  Weights  and  Measures,) 

Citizens’  Street  Railway  and  Improvement  Co. 

Ordinance  authorizing  construction,  and  granting  right  of 

way  on  certain  streets 393 

Coal. 

Laws— 

Power  to  regulate  inspection  and  weighing  of [54J  63  39 

, Ordinances — 

How  weighed— deductions  for  impurities 249  211 

Weight  of,  per  bushel— note  to  section 249  211 

Dealer  in.  not  eligible  to  office  of  city  weigher 255  212 

Combustible  Materials. 

Laws— 

Power  to  regulate  and  prevent  storage  of 1651  63  40 

Ordinances— 

Not  to  be  deposited  or  scattered  near  lumber  piles 384  245 

To  be  removed  from  shops  or  other  buildings 394  247 

Not  to  be  set  on  fire  within  thirty  feet  of  building 407  251 

Not  to  be  strewn  or  left  in  or  near  any  building 408  251 


472 


GENERAL  INDEX, 


Commissions. 

Laws—  Section.  Page 

Officers  to  be  commissioned— how 77  46 

Ordinances— 

Clerk  to  make  out  and  affix,  corporate  seal  to 547  287 

To  be  signed  by  the  mayor : 547  287 

Form  of  commission 548  287 

Commitment. 

Laws— 

Power  to  commit  offenders  for  examination 84  49 

Power  to  commit  for  non-payment  of  fine 197  81 

Ordinances— 

Of  persons  found  violating  ordinances 146  187 

Of  persons  for  non-payment  of  fine  or  penalty 180  194 

Name  and  offense  of  person  committed  to  be  registered 182  195 

How  released  from  confinement 184  195 

Of  offenders  at  fire 213  202 

Committees. 

Ordinances — 

Standing  of  council,  how  appointed 12  159 

Reports  of  may  be  deferred 13  160 

Reports  of  to  have  papers,  etc.,  attached 14  160 

Committee  on  Finance. 

Ordinances— 

Member  of  department  of  finance 26  162 

May  prescribe  manner  of  keeping  accounts  by  city  officers...  68  171 

To  examine  books  and  accounts  of  officers 68  171 

Appeal  to  in  adjustment  of  accounts  of  certain  officers 69  171 

To  meet  annually,  and  examine  and  compare  reports  of  comp- 
troller and  treasurer 70  171 

Committee  on  Police. 

Ordinance's — 

May  investigate  charges  against  members  of  police  force 131  185 

Prescribe  material  and  style  of  police  uniform 155  189 

Make  rules  for  government  of  the  city  prison  and  work-house  186  196 

Visit  city  prison  as  often  as  once  a month,  etc 188  196 

Chairman  of  may  inspect  books  of  pawnbroker 760  350 

May  also  inspect  books  of  second-hand  and  junk  dealers 789  356 

Committee  on  Fibe  and  Wateb. 

Ordinances— 

Recommend  suitable  persons  to  mayor  for  appointment  to  fire 

department 206  201 

Make  and  establish  rules  for  fire  department 215  203 

May  remove  any  member  of  fire  department,  except  fire  mar- 
shal  216  203 

Chairman  of  to  notify  persons  violating  provisions  regulating 

wooden  buildings  in  fire  limits 381  244 

Chairman  of,  one  of  committee  to  decide  on  fire  escapes 396  248 

Committee  on  Public  Buildings. 

Ordmances— 

Chairman  one  of  committee  to  decide  on  fire  escapes 396  ,248- 

Committee  ON  Stbeets  and  Alleys. 

Ordinances— 

May  require  engineer  to  make  surveys  of  street,  etc 78  173 

Street  superintendent  to  carry  orders  of  into  effect 89  175 

Supervise  the  setting  of  telegraph  and  other  like  poles 796  358 

(See,  also,  streets  and  alleys). 

Compensation— (See  Fees  and  Salaries). 

CoMPTBCLLEB— (See  City  Comptroller). 

COLLECTOB— (See  City  Collector). 


GENERAL  INDEX.  473 


Concealed  Weapons. 

Ordinances—  Section.  Page 

Penalty  for  wearing  or  displaying 481  272 

Peace  officers  excepted 481  272 

Constitution. 

Of  the  State  of  Illinois 420 

Contagious  Diseases. 

Ordinances — 

Persons  having  may  be  removed  without  city 226  205 

Duty  of  persons  having,  etc 231  206 

fSee,  also,  Health  Department.) 

Contested  Elections— (See  Elections.) 

Continuances. 

Ordinances— 

May  be  granted  by  magistrates  in  city  cases 166  191 

Contracts— FOB  Public  Works. 

Laws — 

Officers  not  to  be  interested  in 79  47 

Not  to  be  made  without  an  appropriation 92  ' 51 

Payable  from  special  assessments *. 164  71 

How  to  be  let 165  71 

When  without  advertising...* 165  71 

Void,  if  procured  by  bribery 265  108 

For  joint  construction  of  sewers— how  made.., 316,317  125 

For  purchase  or  sale  of  school  property— how  made 354  140 

Of  board  of  water  commissioners— how  executed 390  151 

Ordinances— 

Comptroller  to  keep  list  of.  etc 42  165 

Engineer  to  make  out  plans  and  specifications  of 75  172 

Probable  cost  of  to  be  ascertained  before  letting 98  177 

To  be  let  to  the  lowest  responsible  bidder,  when 99  177 

When  may  be  entered  into  without  advertising 99  177 

Duty  of  engineer  to  prepare  specifications  for 100  177 

For  work  to  be  paid  for  by  special  tax  or  assessment 101  178 

When  mayor  authorized  to  advertise 101  178 

Manner  of  advertising  for 101  178 

Proposals  or  bids  to  be  sealed,  bond  or  deposit  may  be  re- 
quired of  bidder 102  178 

Bids  to  be  opened  by  mayor,  and  contract  awarded  lowest 

responsible  bidder 103  178 

Performance  of  to  be  secured  by  bond  with  surety 104  178 

Bids  may  be  rejected,  re-advertisement 104  179 

Bidder  failing  to  enter  into  or  fulfill  contract,  not  allowed  to 

bid  again 105  179 

To  run  to  and  be  in  name  of  city 106  179 

To  be  drawn  by,  or  submitted  to,  city  attorney 106  179 

Shall  be  executed  in  duplicate 106  179 

Contain  clause  that  mayor  may  suspend  work  under,  etc 107  179 

What  to  contain  when  paid  from  special  taxes  or  assessments  108  179 

Disposition  of  surplus  earth  may  be  reserved  in 109  180 

Penalty  to  contractor  for  disposing  of  in  such  case 109  180 

Payment  for  when  completed— how  made 110  180 

Advancements  to  contractors,  reservations,  etc 110  180 

No  payment  for  extra  work  done  under,  unless  ordered  by 
council Ill  180 

Contractor. 

Ordinances— 

Accounts  of  not  to  be  certified,  who  has  failed  to  comply  with 

his  contract,  etc Ill  180 

No  city  officer  shall  be 553  288 

Leaving  excavation  open  upon  and  unprotected  at  night 630  310 

When  required  to  execute  indemnifying  bond  to  city 635  311 

Duty  of  when  having  contract  for  lighting  streets 651  314 

Corner  Stones. 

Ordinances— 

Penalty  for  removing  or  destroying 517  278 


474 


GENERAL  INDEX. 


Corporate  Limits— (See  Boundaries  of  City).  Section.  Page 

Corporate  Seal. 

Ordinances — 

Described 743  345 

City  clerk  to  be  custodian  of 744  345 

When  impression  of  to  bind  city 744  345 

Courts. 

Laws— 

To  take  judicial  notice  of  the  existence  of  cities,  and  of  the 

change  of  organization 6 23 

Ordinances— 

Term  defined 571  293 

(See,  also,  Police  Magistrates.) 

Costs. 

Ordinances— 

Of  public  improvement,  to  be  ascertained 98  177 

City  not  liable  for  in  police  courts 170  192 

Officer  not  entitled  to  as  witness— when 170  192 

When  suit  malicious,  may  be  taxed  against  complainant 171  192 

Of  township  elections,  to  be  paid  from  town  treasury 372  241 

Of  tearing  down  or  removing  wooden  building  in  fire  limits. . . 381  244 

Crossings.  ^ 

Ordinances — 

Flagmen  to  be  stationed  at  by  railroad  company 580  295 

Not  to  be  obstructed  by  locomotives  or  cars 581  295 

Not  to  be  obstructed  by  teams  or  vehicles 643  312 

Crosswalks. 

Laws— 

Power  to  provide  for  and  regulate [161  63  36 

Ordinances— 

Superintendent  of  streets  to  have  charge  of  construction 88  175 

Manner  of  constructing 97  177 

Penalty  for  kindling  fire  upon  wooden 402  250 

Railroad  companies  to  construct  when  needed,  etc 578  294 

Cruelty  to  Animals— (See  Animals.) 

Laws— 

Power  to  punish  cruelty  to [731  63  41 

Curiosities. 

Ordinances— 

License  fee  fixed  for  exhibiting  natural  or  artificial 424  256 

Culverts. 

Laws— 

Power  to  construct  and  keep  in  repair [291  63  37 

Ordinances — 

Construction  of  regulated 97  177 

Railroad  companies  to  construct  and  repair 577,578  294 

To  be  put  in  repair  by  persons  taking  up,  etc 629  309 

Curbs. 

Laws— 

Power  to  regulate [161  63  36 

Ordinances— 

How  to  be  constructed 614  304 

Iron  rings  to  be  fastened  in  for  hitching 625  307 


GENERAL  INDEX.  475 


Dam.  D. 

Laws—  Section.  Page 

Power  of  water  commissioners  to  build  dam  at  river 368  144 

Damages. 

Laws— 

Railroad  companies  liable  for  to  owners  of  domestic  animals— 

when „...[26]  63  36 

Officer  withholding  property  of  city,  liable  for 77  47 

For  property  taken  for  local  improvements 119  59 

Proceedings  for  making  compensation,  etc 120-131  59 

Dram-shop  keeper  liable  for  on  his  bond 233  96 

To  property  by  vacation  of  street  or  alley 329  131 

For  property  taken  by  the  water  commissioners 384  149 

Ordinances— 

May  be  claimed  by  city  for  non-performance  of  contract  ac- 
cording to  its  terms 107  179 

To  wooden  building  in  fire  limits— how  determined 380  244 

Officers  liable  to  city  for  negligence,  etc 550  287 

Liability  for  of  persons  connecting  private  drain  or  sewer 

with  public  sewer 599  300 

Owner  of  premises  liable  for  to  city,  when  person  injured  by 

defective  sidewalk 619  305 

Persons  obstructing  streets,  etc.,  liable  for 640  312 

Telegraph  and  telephone  companies  liable  for  to  owners  of 

private  property  from  use  of  streets 795  358 

Dead  Animal. 

Ordinances — 

Removal  of 331  231 

Penalty  for  depositing  in  sewer  or  catch-basin 601  300 

Not  to  be  thrown  into  reservoir  of  water- works 693  328 

Debt. 

Laws— 

Not  to  be  incurred  unless  an  appropriation  shall  have  been 

previously  made,  etc 92  51 

When  tax  levied  for  particular  debt— how  applied 115  59 

Deeds. 

Laws— 

To  cemetery  lots 347  139 

Ordinances— 

City  clerk  to  attest 19  161 

Comptroller  to  have  ^charge  of 31  163 

To  lots  in  Oak  Ridge  Cemetery 287  221 

Form  of 289  221 

Defaulter. 

Laws— 

Ineligible  to  any  city  office 78  47 

Ordinances — 

Suit  to  be  instituted  on  bond  of 37  164 

Salary  to  be  withheld  from 358  237 

Department  of  Finance. 

Ordinances— 

Established 25  162 

To  control  the  fiscal  concerns  of  city 25  162 

Of  what  officers  composed 26  162 

Fiscal  year 27  162 

Department  of  Public  Works. 

Ordinances— 

Established 71  172 

Officers  embraced  in 71  172 

(See,  also,  Contracts  for  Public  Works.) 


476 


GENERAL  INDEX. 


Depositions. 

Ordinances-  Section.  Page 

Of  witnesses  in  contesting  election  of  aldermen 350  235 

Disokdekly  Assemblies. 

Laws— 

Power  to  prevent  and  suppress [72]  63  41 

Ordinances— 

Penalty  for 473  270 

Penalty  for  permitting  on  premises 474  271 

Disoedebly  Conduct. 

Laws— 

Power  to  prevent [591  63  39 

Ordinances— 

Saloon  keeper  may  arrest  person  for,  in  saloon 452  265 

Penalty  for  being  guilty  of 471  270 

Knowingly  permitting  on  premises,  penalty 474  271 

Disordekly  Houses. 

Laws  — 

Power  to  suppress [451  63  38 

Ordinances— 

Defined,  how  punished 454  265 

Penalty  for  keeping 494  274 

Disconnecting  Teeeitoey. 

Laws— 

From  cities  and  villages 211  85 

Ordinance  for  to  be  recorded 212  86 

Disturbances. 

Laws— 

Power  to  prevent  and  suppress [721  63  41 

Ordinances— 

Of  the  peace  at  elections 346  234 

Retailer  of  liquors  not  to  permit  in  place  of  business 451  265 

Of  the  peace,  penalty  for 472  270 

Of  congregation  or  assembly  for  religious  worship,  etc 475  271 

Of  funeral  procession 476  271 

At  show  or  place  of  amusement 477  271 

Of  the  peace  on  Sunday 518  279 

Of  the  quiet  of  any  citizen  or  family  on  Sunday 519  279 

Distillers. 

Laws— 

Power  to  license [911  63  42 

Ordinances— 

License  fee  fixed  for 424  256 

Penalty  for  doing  business  without  license 461  267 

Distilleries. 

Laws— 

Power  to  direct  location  of  and  regulate [821  63  41 

Ordinances— 

Unlawful  to  establish  on  Sangamon  river  above  water-works, 
etc - 691  327 

Dogs. 

Ijaws— 

Power  to  prevent  dog  fights [591  63  39 

Power  to  regulate  and  tax [801  63  41 


GENERAL  INDEX, 


477 


Dogs— Continued. 


Ordinances — Section. 

Tax  on,  amount  of 319 

Superintendent  of  police  to  register  and  furnish  checks  for 319 

At  large  between  June  and  September,  without  check  and 

muzzle,  a nuisance 320 

To  be  taken  up  and  impounded— how  released! 320 

To  be  destroyed  if  not  redeemed  within  three  days 320 

Superintendent  of  police  may  employ  assistants  to  catch,  etc.  321 

Penaltj'^  for  r^^sisting  or  molesting  officer  or  assistants 321 

Superintendent  of  police  to  report  to  council  fees  collected  on, 

etc 322 

Mayor  may  issue  proclamation  for  confining  or  muzzling  of, 

when  danger  from  hydrophobia 323 

Running  at  large  contrary  to  ordinance,  to  be  destroyed 324 

When  registered,  etc.,  not  to  be  impounded 325 

Penalty  for  removing  check  from,  or  enticing  from  house 325 

Keeper  of  dangerous  dog  not  protected  by  check 326 

Owner  of,  allowing  to  run  at  large— how  punished 326 

Bitch  in  heat  not  to  go  at  large— penalty^ 327 

Fighting  or  baiting  of  dogs  prohibited 488 

Deains. 

Laws—  ' 

Power  to  construct  and  regulate  use  of [291  63 


Page 

229 

229 

229 

229 

230 
230 
230 

230 

230 

230 

230 

23if 

230 

230 

230 

273 


37 


Ordinances — 

Permit  from  city  engineer  for  connecting  private  drain  with 


sewer 82 

Street  superintendent  to  supervise  connection  of 91 

Construction  of,  without  permit— penalty  for 599 

Natural  drain  not  to  be  changed  without  consent  of  council. . . 603 

City  engineer  to  make  survey  of,  when  required 604 

Excavations  for,  in  streets,  to  be  filled 609 


174 

176 

300 

301 

301 

302 


Deays,  Caets  and  Wagons. 
Laws— 


Power  to  license  and  prescribe  compensation  of [421  63  38 

Ordinances— 

License  fee  prescribed  for 424  256 

Unlawful  to  keep  or  use  for  hire  without  license 668  319 

How  license  for  keeping  or  running  obtained 669  319 

Number  of  license  to  be  placed  on  outside  of  vehicle 670  .320 

Rates  to  be  charged  for  hauling  goods  or  merchandise 671  320 

Persons  licensed  to  keep  certified  copy  of  section  prescribing 

rates,  etc 672  320 

Penalty  for  refusing  to  carry  load  when  not  employed 673  320 

Penalty  for  charging  illegal  rates 674  321 

Public  stand  for  675  321 

Drivers  of  to  obey  orders  of  police 679  322 

(See,  also.  Vehicles.; 


Deam-Shops. 


Laws — 


Bond  of  keeper— how  taken— suit  on 233  96 

How  license  to  keep  may  be  granted— proviso 236  97 

Ordinances— 

Sum  to  be  paid  for  license 424  257 

Penalty  for  keeping  without  license 443  263 

Manner  of  obtaining  license  for 444  263 

Definition  of 459  267 

(See,  also.  Retailers  of  Liquors.) 

Deivees. 

Ordinances— 

Of  fire  engines— how  appointed 206  201 

Of  vehicles  meeting,  to  turn  to  the  right 502  276 


478 


GENERAL  INDEX. 


Druggists. 


Ordinances—  Section.  Page 

Not  to  sell  poisons  without  being  plainly  marked  236  207 

Not  to  deliver  poisons  to  person  under  15  years  of  age 2,36  208 

May  sell  or  deliver  on  physician’s  prescription 236  208 

Sale  of  liquors  by— how  regulated 464  268 

Application  for  permits  to  sell— payment  for— bond 465  268 

Manner  of  issuing  permits— when  to  expire 466,467  268 

Not  to  sell  except  for  purposes  authorized,  etc 468  268 

Mayor  may  revoke  permits  to,  when 469  269 

Drunkenness. 

Ordinances— 

In  saloons  or  dram-shops,  prohibited 449  264 

Unlawful  to  sell  liquor  to  habitual  drunkard,  when 450  265 

Penalty  for  being  in  state  of 482  272 

* (See,  also.  Intoxication.) 

Dwelling  Houses. 

Ordinances— 

Of  wood  in  fire  limits,  not  to  be  raised  or  enlarged 379  243 

When  damaged  to  extent  of  fifty  per  cent.,  etc 380  244 

When  erected,  etc.,  in  fire  limits,  contrary  to  ordinance,  a 

nuisance 381  244 

Penalty  for  leaving  teams  before,  without  consent  of  owner. . . 641  312 

Required  to  be  numbered 747  346 

(See,  also.  Buildings.) 


E. 


Education— (See  Board  of  Education). 

Elections. 

Laws— 


For  incorporation  of  city  under  general  law  1 

Notice  of— ballots— returns  of 2,3 

For  organizing  a city  5 

Of  city  officers  after  change  of  organization  from  town 7 

Notice  of,  to  be  given  twenty  days  before 7 

When  county  judge  to  give  notice  of 8 

Record  of  result  of 13 

When  general  election  for  city  officers  to  be  held ,49 

What  officers  elected  at 50 

Who  entitled  to  vote  at  51 

Places  where  held 57 

Judges  and  clerks  of,  notice  of 57 

Manner  of  conducting 58 

Returns  of  to  be  made  to  city  clerk 58 

Council  to  canvass  returns  and  declare  result  of 58 

In  case  of  a tie  in,  to  be  determined  by  lot 59 

When  special  elections  may  be  held,  etc 61,62 

May  be  called  to  sanction  additional  appropriation 90 

On  annexation  of  one  corporation  to  another 201 

On  question  of  issuing  municipal  bonds 218 

Time  of  opening  and  closing  polls  at 239 

Date  for  holding  regular  charter  elections  240 

Manner  of  conducting 240 

Manner  of  conducting  town  elections  in  towns  lying  within 

limits  of  city— returns,  canvass  of 241 

Registry  to  be  made  for  each  election— how  made 242 

For  town  officers  within  city  280 

Of  a police  magistrate 287 

Of  water  commissioners 400 

Ordinances— 

General  election  for  municipal  officers,  when  held 332 

Clerk  to  give  twenty  days’  notice  of 333 

Concerning  special  elections... 334 

Council  to  appoint  judges  and  clerks  thirty  days  before 335 

Judges  and  clerks  of  to  be  notified  of  appointment 335 

Vacancy  among  judges  of— how  filled 336 

Not  to  be  all  chosen  from  same  political  party 336 


21 

22 

22 

23 

23 

24 

25 
30 

30 

31 
33 
33 
33 
33 
33 
33 
33 
50 
82 
88 
99 
99 
99 

100 

101 

112 

114 

153 


232 

232 

232 

232 

232 

233 
233 


CxENERAL  INDEX,  479 


Elections.  Ord(na?ic*f?.s— Continued.  Section.  Page 

Judges  may  appoint  clerks  to  fill  vacancies .337  2.33 

Persons  substituted  to  take  oath  prescribed  by  law 337  233 

Council  to  provide  ballot  boxes  for .338  2.33 

Clerk  to  provide  poll-books  and  necessary  blanks 338  233 

Manner  of  opening  and  closing  polls  at  339  233 

Proclamation  to  be  made  thirty  minutes  before  340  233 

Manner  of  conducting,  etc.,  same  as  at  county  elections 341  234 

Return  of  to  be  made  to  city  clerk  within  two  days  after 342  234 

Council  shall  meet  and  canvass  returns,  declare  result 342  234 

Person  receiving  highest  number  of  votes  shall  be  declared 

elected 343  234 

Proceedings  in  case  of  a tie  vote 343  234 

Persons  elected  to  office  to  be  notified  by  clerk— when 344  2.34 

When  city  council  may  call  new  election 34.5  234 

Members  of  police  force  to  preserve  order  at  polls 346  234 

Of  aldermen,  may  be  contested  before  city  council .347  235 

Manner  of  contesting  election  of  aldermen .348-353  235,2.36 

Ballots  of  to  be  preserved  by  clerk  for  six  months  after. . 354  236 

How  and  Avlien  ballots  to  be  destroyed 3.54  236 

Voting  places  for  Capital  township  same  as  for  the  city 356  236 

Eleventh  Stkeet. 

Ordinance  authorizing  horse  railroad  on  south  part  of 400,401 

Emekgency. 

Laws— 

Power  of  council  to  borrow  money  to  meet,  etc 91  51 

Engine  Companies. 

Ordinances — 

Of  Are  department,  where  locat^ 196  199 

Engineeks— (See  City  Engineer.) 

Ordinances— 

Of  fire  department,  how  appointed 206  201 

To  wear  badge  when  on  duty 207  201 

Duties  of 208  202 

Estimates, 

Laws— 

Annual  of  city  comptroller 105  54 

Evidence. 

Laws—  > 

Of  ordinances— how  proved 66  * 43 

Book  of  ordinances  to  be  received  as 66  43 

Certified  copy  of  records  prima  facie 83  48 

Commissioners’  report  on  special  assessments  competent 146  66 

Records  and  ordinances— how  certified 244  102 

Form  of  certificate 246  102 

Sworn  copies  of  records,  etc 247  102 

Penalty  for  false  certificate 248  102 

Report  of  city  clerk  of  delinquent  special  taxes  for  sidewalks 

prima  fa'  ie 324  130 

Records  of  Oak  Ridge  Cemetery  to  be,  etc 351  140 

Ordinances— 

Police  to  procure  in  police  courts 170  192 

In  contested  elections— how  taken— where  filed .351,352  235 

Of  the  reputation  of  bawdy  house 498  275 

Clerk’s  memorandum  at  foot  of  record  of  ordinance  to  be 

prima  facie,  etc 564  291 

Excavations. 

Ordinances— 

Not  to  be  made  in  streets,  etc.,  without  authority  or  permit 628  309 

To  be  filled  up  without  unnecessary  delay 629  309 

Penalty  for  leaving  open  and  unprotected  at  night 630  310 

Penalty  for  digging  and  removing  earth  from  street  or  alley 

without  permission 631  310 

Water  commissioners  authorized  to  make  necessary  execu- 
tions  : 680  32.3 


480 


GENERAL  INDEX. 


Executions. 


. Section. 

Execution,  or  order  of  commitment,  may  issue  upon  imposi- 
tion of  fine  or  penalty* (59 

Ordinances— 

City  attorney  to  see  to  collection  of  on  judgments,  etc 116 

May  is.sue  for  costs,  against  goods  and  chattels,  when  prose- 
cution malicious 171 

Officer  receiving,  to  report  to  magistrate  monthly!  175 

Copy  of  to  be  delivered  co  city  prison  keeper— when...  . 180 

Prison  keeper  to  preserve  copy 182 

Exemptions. 

Laws — 

Of  persons  from  street  labor— when,  etc 327 

Exhibitions. 

Laws— 

Power  to  license  and  regulate 141]  6.3 

Ordinances— 

Of  animalindecently,  prohibited 485 

. Of  indecent  or  lewd  play,  prohibited 487 

Persons  giving  to  preserve  order  at 726 

(See,  also.  Amusements.) 


Expenditures. 

Laws— 


Not  to  exceed  appropriations 91 

For  improvements,  limited  to  appropriations 91 

Not  to  be  incurred  without  appropriation 92 

Of  the  board  of  education  restricted 354 

Ordinanc  s — 

For  public  work  in  any  year,  not  to  exceed  appropriation 98 

For  street  lamps  to  be  provided  for  in  appropriation  bill 649 

Limited  to  the  amounts  appropriated 719 

Explosive  Materials— (See  Gunpowder.) 

Laws— 

Power  to  regulate  storage  of [651  63 

Expressmen. 

Laws— 

Power  to  license  and  regulate [421  63 


Extras. 

Ordinances— 

No  payment  for  on  contracts,  unless  ordered  by  the  council...  Ill 


Page 

44 


181 

192 

193 

194 

195 


131 


38 


272 

273 
340 


50 

50 

51 
140 


177 

.314 

339 


40 


38 


180 


F. 

False  Alaum. 

Ordinances— 

Of  Are,  penalty  for  making 399  250 

Fares— (See  Vehicles.) 

Fast  Driving. 

Jjaws- 

Power  to  regulate 
Ordinances— 

Regulated 


I2l]  63  36 

500  275 


*See,  also,  “Justices  and  Constables,”  sec.  83,  chap.  79  of  Rev.  Stat.,  111. 


GENERAL  INDEX. 


481 


Fees  and  Salaries. 


Laws—  Section. 

Of  officers,  to  be  fixed  by  ordinance...-. 87 

Not  to  be  increased  or  diminished  during  term  of  office 87 

Fees  received  by  officers  to  be  reported 87 

When  may  be  fixed,  not  to  be  changed  during  term 261 

Of  oil  inspector,  to  be  fixed  by  council 270 

Certain  rates  and  fees  to  be  set  apart  as  relief  fund 289 


Ordinances— 


Excess  of  fees  from  impounding,  etc.,  of  animals,  paid  into 

treasury 

Fees  from  registering  dogs  to  be  reported 

Salaries  of  officers,  except  aldermen,  to  be  fixed  in  annual 

appropriation  ordinance 

When  salaries  payable.. 

Of  aldermen  fixed  at  three  dollars  for  each  meeting  attended. 

Fees  of  city  collector 

Of  city  weigher 

Of  city  prison  keeper 

Of  the  police,  to  be  paid  into  city  treasury 

Of  the  superintendent  of  police 

Superintendent  of  police  to  keep  account  of,  and  make  report. 

Fees  of  inspector  of  weights  and  measures 

Of  city  clerk 

City  clerk  to  keep  account  of  all  fees  of  his  office,  and  pay  into 

treasury  monthly 

Fees  of  judges  and  clerks  of  election,  how  paid 

Of  witnesses  and  jurors  in  magistrates’  courts 

Penalty  for  charging  or  receiving  illegal 

For  licenses 

Scavenger’s  fees 


314 

322 


357 

358 

359 

360 

361 

362 

363 
364-367 

368 

369 

370 

371 

372 

373 

374 
424 
779 


Fences. 

Laws— 

Power  to  regulate  partition 1601  63 


Ordinances— 


Penalty  for  Cutting  or  injuring 509 

Boys  not  to  climb  upon  without  consent  of  owner 510 

Posting  of  show  bills  on  prohibited,  without  consent,  etc 511 

Penalty  for  fastening  animal  to  without  consent 515 

Not  to  be  erected  along  street  without  having  proper  line 633 

Encroaching  upon  street  or  alley  not  to  be  repaired 636 

Encroaching  on  street  or  alley  to  be  removed 637 

Height  of  partition  fences  regulated 764 

Not  to  have  barbed  wire  or  iron  spikes  upon 765 

Barbed  wire  fence  prohibited  along  line  of  streets,  etc 766 


Finances. 

Laws— 


Power  of  council  to  control [1]  63 

Fiscal  year  may  be  fixed  by  ordinance 89 

Annual  appropriation  ordinance 90 

Limitation,  emergency,  borrowung  money 91 

Contracting  liabilities  limited 92 

Ordinances— 

Department  of  established 25 

Officers  composing : 26 

Fiscal  year— when  to  begin 27 

Finance  committee— duties  of 68-70 


Fines. 

Laws— 

Power  to  impose,  for  creating  or  continuing  nuisances [751 

Power  to  pass  ordinances  for  imposing,  not  to  exceed  two 

hundred  dollars [961 

Ordinance  imposing,  to  be  published 

Suits  for  recovery  of— how  brought 

To  be  paid  into  the  treasury  of  the  city 

Commitment  to  city  prison  for  non-payment  of 

Allowance  on,  for  work,  etc 

How  actions  brought  to  recover 

—61 


63 

63 

65 

67 

68 
69 
69 

196 


Page 

49 

49 

50 
106 
109 
114 


228 

230 

237 

237 

237 

237 

237 

238 

238 
238-9 

239 

239 

240 

240 

241 
241 
241 

255-6-7 

354 


39 


277 

277 

278 
278 

310 

311 
311 

350 

351 
351 


34 

50 

50 

50 

51 


162 

163 

164 
171 


41 

43 

43 

44 
44 

44 

45 
80 


482 


GENERAL  INDEX. 


Fines,  iaio.s— Continued.  Section.  Page 

For  violation  of  oil  inspection  law 277  111 

Certain,  to  be  set  apart  for  police  and  firemen’s  relief  fund 289  114 

For  refusal  by  railroad  company  to  place  flagman,  etc 302  120^ 

May  be  imposed  to  enforce  labor  on  streets 328  131 

May  be  imposed  for  declared  nuisances  within  one-half  mile 

of  Oak  Ridge  Cemetery^ 353  140 

For  violating  ordinances  concerning  the  water- works ,394  152 

Ordinanceii— 

Actions  for  the  recovery  of— where  brought 160  190 

Officers  collecting,  to  pay  into  the  city  treasury— when 173  192 

Suit  to  be  br-mght  on  bond  of  officer  failing  to  pay 173  19^ 

For  non-payment  of  fine,  offender  to  be  delivered  into  custody 

of  prison-keeper 180  194 

May  be  worked  out  on  the  streets  and  alleys 190  197 

When  provided  by  different  ordinance  for  the  same  offense, 

prosecutor  to  elect  under  which  to  proceed 574  293 

(See,  also.  Penalties.) 

Fike-Akms. 

Ordinances— 

Discharging  of  in  cemetery  prohibited 270  216 

Sexton  of  Uak  Ridge  Cemetery  may  arrest  for 292  222 

Penalty  for  discharging  within  city ■. 411  252 

Exceptions 411  252 


Fike  Depabtment. 

Laws— 

Power  to  provide  or  organize [641  63  40 

To  tax  insurance  companies  for  support  of 111-251  57-104 

Assessed  for  police  and  fire  relief  fund 289  114 


Ordinances— 

Department  established 195  199 

Who  embr  aced  in 195  199 

Location  of  two  companies  composing 196  199 

Rules  tor  government  of— how  made,  etc 215  205 

Duty  of  firemen  to  keep  fire  apparatus  from  injury 208  202 

Fike  Escapes. 

Laws— 

Power  to  prescribe  construction  of [61]  63  39 

Ordinances— 

Buildings  of  three  or  more  stories  in  height,  except  resi- 
dences, to  be  furnished  with 396  245 

Number,  location  of,  etc.,  to  be  determined  by  mayor,  fire 

marshal  and  chairmen  of  certain  committees 396  248 

Owners  of  buildings  to  be  given  thirty  days’ notice 397  248 

Number  of,  on  buildings  used  for  manufacturing  purposes 397  249 

Penalty  for  not  placing  and  keeping  as  recLuired 3P8  249 

Fire  Limits. 

Laws— 

Power  to  prescribe [621  63  39 

Power  to  direct  that  buildings  within,  when  damaged  fifty  per 

cent.,  shall  be  removed [62]  63  49 

Ordinances — 

Defined  and  constituted 375  242 

Erection  of  buildings  within,  regulated 376-381  242-4 

Lumber  yards  not  to  be  established  within 382  244 

Duty  of  fire  marshal  to  inspect  buildings  in 386  245 

Permits  required  for  erecting  buildings  within 387  245 

Manner  of  applying  for  and  issuing  permits 388  245 

Applicant  for  b tiding  permit  to  give  bond  to  city 389  246 

Penalty  for  building  within,  without  permit 390  246 

When  wooden  building  within  a nuisance 537  284 

Construction  of  sidewalk  within  regulated 613  304 

Construction  of  awnings  within  regulated 733,734  342 

Ordinance  relating  to  steam  works  within 952,953  405-6 


GENERAL  INDEX. 


483 


Fire  Marshal. 

Laws—  I 

General  power  to  appoint 

Trustee  of  police  and  fire  relief  fund 

Ordinances— 

Office  of  created— term 

How  and  when  appointed 

Bond  of 

To  be  chief  of  the  fire  department 

Shall  have  care  of  property  and  equipments  of  fire  depart 

ment 

Attend  all  fires,  and  take  command  at 

May  order  tearing  down  of  bui  ding  at  fire— when 

May  prefer  charges  against  members  of  fire  department 

May  suspend  delinquent  member  from  duty,  etc 

Persons  to  obey  orders  of  at  fire— exception 

Keep  record  of  all  transactions  in  fire  department 

Annual  report  of  to  city  council  

During  temporary  absence  of,  mayor  may  appoint,  etc 

To  surrender  books,  etc.,  uprn  expiration  of  official  term 

Proof  made  to,  of  property  saved  from  a Are 

May  arrest  offenders  at  Are 

Concur  with  Are  and  water  committee  in  making  rules,  etc... 

May  select  an  appraiser  tor  damaged  building 

Duty  of  to  examine  buildings  in  process  of  erection  or  re- 
moval within  Are  limits 

AuthorizerJ  to  enter  and  inspect  all  buildings  in  city 

When  building  deemed  unsafe,  to  notify  owner 

Cause  buildings  or  premises  to  be  put  in  safe  condition 

Duty  of  concerning  Are  escapes  

To  notify  owner  of  wooden  building  in  Are  limits— when  

Firemen. 

Ordinances— 

Under  command  of  Are  marshal 

How  appointed,  etc 

To  wear  badge  when  on  duty 

To  deliver  badge  to  Are  marshal— when 

General  and  special  duties  of 

Fire  engine,  etc.,  not  to  be  driven  by,  so  as  to  endanger,  etc. . , 
Fire  engine,  etc.,  not  to  be  driven  over  sidewalk— exception. . , 
Hose  or  Are  apparatus  not  to  be  used  for  private  purpose  with- 
out consent  of  council,  etc 

Concerning  removal  of  property  saved  from  Are 

Penalty  for  resisting  or  obstructing  when  on  duty 

Committee  on  Are  and  water  to  have  supervision  over  rules 

and  regulations  for  government  of 

May  be  removed  by  committee  on  Are  and  water 

Fires  and  Fire- works. 

Laws—  ^ 

Power  to  guard  against [62 

Power  to  regulate [65: 

Ordinances— 

All  persons  over  a certain  age  subject  to  the  orders  of  Are 

marshal  in  extinguishing,  etc 

Offenders  may  be  arrested  at 

Penalty  for  making  or  circulating  false  alarm  of 

How  live  coals  of  to  be  carried 

Use  of  lights  in  barns  and  stables  regulated  

Penalty  for  kindling  on  wood-paved  streets,  etc 

Penalty  for  using  or  leaving  so  as  to  endanger  property 

Not  to  be  kindled  in  sheds  or  near  building  - 

Burning  out  of  chimneys  and  Aues  regulated 

Boiling  of  pitch,  resin  and  coal  tar  regulated 

Burning  of  shavings  and  straw  regub. ted  

Strewing  of  shavings,  straw,  etc.,  near  buildings  prohibited... 

Stacking  of  hay  and  straw  near  buildings  prohibited 

Ashes  to  be  kept  in  Are-proof  vessels 

Use  of  ashes  for  manufacturing  purposes  regulated 

Discharge  of  cannons,  guns  and  pistols  prohibited— exceptions 
Setting  off  Are-works  and  kindling  of  bonAres  prohibited,  ex- 
cept on  Fourth  of  July 

Duty  of  police  to  enforce  provisions  relating  to 

Duty  of  persons  keeping  gunpowder  in  case  of  Are  

(See,  also.  Gunpowder.) 


Section. 

Page 

74 

45 

290 

115 

197 

199 

197 

199 

198 

200 

199 

200 

199 

200 

200 

200 

200 

200 

2(11 

200 

201 

200 

202 

200 

203 

200 

2(13 

201 

204 

201 

205 

201 

212 

202 

213 

202 

215 

203 

380 

244 

386 

245 

395 

248 

395 

248 

395 

248 

396 

248 

537 

284 

199 

200 

206 

201 

207 

201 

207 

201 

208 

202 

209 

202 

210 

202 

211 

202 

212 

202 

s 

214 

202 

215 

203 

216 

203 

:l 

63 

39 

] 

63 

40 

3 

202 

200 

213 

202 

399 

250 

400 

250 

401 

250 

402 

250 

403 

251 

404 

251 

405 

251 

406 

251 

407 

251 

408 

251 

409 

252 

410 

252 

410 

252 

411 

252 

412 

413 
420 


252 

252 

254 


484 


GENERAL  INDEX. 


Fiscal  Yeae— (See  Finance.)  Section. 

Fish. 

Laws— 

Power  to  regulate  sale  of  150]  63 

Power  to  regulate  inspection  of L531  63 

Ordinances— 

Penalty  for  selling  diseased  or  spoiled  234 

Police  or  health  officer  may  seize  and  destroy 234 

Flagmen. 

Laws— 

Power  to  require  at  railroad  crossings  of  streets L27J  63 

Duty  of  railroad  company  to  place  and  retain 302 

Ordinances 

Council  may  order  at  railroad  crossing 580 

Railroad  company  to  notify  in  writing 580 

Penalty  in  case  of  failure  to  comply 580 

Floue. 

Ljaws— 

Power  to  provide  for  the  inspection  of [531  63 

Food. 

Ordinances- 

Penalty  for  selling  adulterated  and  unwholesome  bread,  but- 
ter, cheese,  lard,  etc 235 

Police  officers  to  have  some  samples  of  analyzed  235 

Foeestalling. 

Laws— 

Power  to  prevent  and  punish 1511  63 

Foems. 

Laws— 

Of  ballots  at,  election  for  organizing  under  general  law 3 

Form  or  style  of  ordinances 64 

Of  official  oath 76 

Of  petition  for  condemning  property 121 

Of  oath  of  commissioners  for  special  assessments 139 

Of  notice  to  owner  of  assessment 142 

Of  notice  of  assessment  for  publication. 142 

Of  collector’s  notice  of  special  assessment 152 

Of  acknowledgment  on  official  bond 227 

Of  oath  of  oil  inspector ^ 271 

Ordinances— 

Of  bond  of  city  collector 61 

Of  Oak  Ridge  Cemetery  deed 289 

Of  magistrate’s  pound  notice 306 

Of  order  to  sell  animal  impounded 310 

Of  pound  notice 311 

Of  license 428 

Of  officer’s  commission 548 

Of  warrant  for  collection  of  water  rent, 686 

Feuit. 

Ordinances— 

License  fee  for  sale  of,  etc.,  from  stands  on  sidewalks 424 

May  be  peddled  from  basket 707 

Feaudulent  Devices  and  Peactices. 

Laws— 

Power  to  suppress L451  63 

Fuel. 

Laws— 

Power  to  provide  for  furnishing  to  city  by  contract 1941  63 


Page 


39 

39 


207 

207 


36 

120 


295 

295 

295 


39 


207 

207 


39 


22 

43 

46 

59 

63 

65 

65 

67 

94 

110 


169 

221 

226 

227 

227 

259 

287 

325 


257 

351 


38 


43 


GENERAL  INDEX, 


485 


Funding  of  Bonded  Indebtedness.  Section.  Page 

Ordinance  to  provide  for  funding  and  retiring  outstanding,  of 

city 818-822  366-7 

(See,  also.  Bonds.) 


G. 


Gambling  Houses. 


Laws— 


, Power  to  suppress L451 

Ordinances— 

Penalty  for  keeping,  maintaining  or  supporting 

Inmates,  or  persons  found  therein,  subject  to  fine 

Witnesses  not  subject  to  fine  for  giving  testimony  concerning, 

Gaming. 

Laws — 

Power  to  suppress [451 

Ordinances— 

Not  to  be  allowed  by  retailer  of  liquors  in  saloon 

Penalty  for  keeping  or  using  instruments  or  device  for 

Penalty  for  playing  for  money,  etc 

Betting  on  game  when  played  by  others 

Setting  up  table  or  device  for,  in  streets,  prohibited 

Sales  depending  on  chance  or  hazard  declared  to  be 

Garbage. 

Laws— 

Power  to  prevent  throwing  of,  in  streets  or  alleys [151 

Ordinances— 

Not  to  be  deposited  in  sewer  or  catch-basin 

Not  to  be  thrown  or  left  in  or  upon  street  or  sidewalk 

May  be  removed  by  scavengers 

Where  to  be  deposited 

Gas  Companies— 

Laws— 

Power  of  council  over 1131 

Title  of  act  to  incorporate  Springfield  Gas-Light  Company 

Ordinances — 

Duty  of,  when  under  contract  to  light  streets  of  city 

Subject  to  reductions  on  monthly  accounts  for  neglecting  to 
keep  lamps  clean  and  lighted 

Gas  Mains. 

Ljaws— 

Power  to  regulate  openings  in  streets  for [131 

Ordinances— 

Laying  of  in  streets— how  regulated • 

No  extra  charge  on  account  of  location  in  street 

Excavations  for  to  be  filled  up  and  tamped 

Gasoline— (See  Oil  Inspection.) 

Ljaws — 

Power  to  regulate  storage  of [651 

Geese. 

Laws— 

Power  to  restrain  from  running  at  large [801 

Ordinances— 

Prohibited  from  running  at  large 

Fee  for  taking  up  and  impounding 

Fee  for  sustenance  of 


63  38 


489  273 

490  273 

499  275 


63  38 


453  • 265 

489  273 

490  273 

490  273 

491  273 

493  274 


63  35 


601  300 
648  313 
776  353 
778  354 


63  35 

418 


651  314 

652  315 


63  35 


606,607  301-2 

608  302 

609  302 


63  40 


63  41 


300  225 

365  238 

366  239 


486 


GENERA.L  INDEX. 


Gilman,  Clint :n  and  Springfield  Railway  Co.  Section.  Page 

Ordinance  granting  right  of  way  to,  on  Madison  street 8.36  376 

Goats. 

Laws— 

Power  to  restrain  from  running  at  large [80J  63  41 

Ordinances — 

Unlawful  to  run  or  go  at  large 300  225 

Fee  for  impounding 365  238 

Fee  for  sustenance  of 366  239 

Grades. 

Laws— 

Power  to  establish [71  63  35 

Power  to  compel  railroads  to  conform  to [271  63  36 

Ordinances— 

City  engineer  to  make  survey  of— when 78  173 

To  be  given  by  engineer  upon  request,  etc  — 79  173 

Plats  or  profiles  of  to  be  kept  by  engineer  in  office 81  173 

Penalty  for  removing  stone  or  stake  of 517  278 

Duty  of  railroad  companies  to  raise  or  lower,  when  directed 

and  notified  by  council 577  294 

Duty  of  horse  railway  companies  concerning 587  297 

Of  sewers 593  299 

Of  sidewalks,  council  to  establish 611  303 

City  engineer  may  give  temporary 611  303 

Penalty  for  laying  sidewalks  contrary  to 612  303 

Excavations  in  streets  to  be  filled  up  to  conform  to 629  309 

Graves. 

Ordinances — 

Penalty  for  trespassing  upon 271  217 

Maltreating  of 297  224 

Grocery. 

Laws— 

Power  to  compel  owner  of  to  cleanse [841  63  42 

Ordinances— 

Health  inspector  to  enter  and  examine,  etc 240  208 

Gun  Cotton— (See  Gunpowder.) 

Gunpowder. 

Laws— 

Power  to  regulate  storage  of,  etc [G51  63  40 

Ordinances — 

Not  to  be  kept  for  sale  without  permit  from  council 414  253 

Storing  and  keeping  of  regulated 415  253 

Persons  having  permit  to  sell  to  keep  sign  up 416  253 

Selling  of  regulated 417  253 

Conveying  of  through  streets  regulated 418  253 

Penalty  for  concealing,  etc 419  254 

Duty  of  person  keeping,  in  case  of  fire 420  254 

Gutters. 

Ordinances— 

Of  buildings  in  fire  limits  to  be  of  fire-proof  material  378  243 

To  be  kept  clean  in  front  of  premises 645  313 


GENERAL  INDEX.  487 


H. 

Hackmen,  etc. 

Laws—  Section.  Page 

Power  to  license,  regulate,  etc [421  63  38 

Ordinances — 

To  obey  commands  of  police  officer  at  railroad  depot 154  189 

Amount  of  license  fee  required  of 424  256 

Penalty  for  pursuing  occupation  of  without  license 658  316 

Exception  in  relation  to  keepers  of  livery  stables 658  316 

How  licenses  for  obtained 659  316 

City  clerk  to  keep  register  of 660  317 

Number  of  license  to  be  placed  on  outside  of  vehicle 660  317 

To  wear  badge,  procured  from  city  clerk 661  317 

'Po  have  lights  affixed  to  vehicle  when  driven  at  night 662  317 

• Pates  of  fare  for  conveying  passengers 663  317 

Passengers  to  have  ordinary  baggage  carried  free  of  charge..  663  318 

Card  showing  rates  of  fare  to  be  posted  in  vehicle 664  318 

Penalty  for  violating  section 664  318 

To  remain  with  vehicle  while  at  railroad  depot 665  318 

May  obtain  baggage  of  travelers 665  318 

Not  to  refuse  to  carry  passengers— penalty 666  318 

Packages  left  in  hack.  etc.,  to  be  delivered  at  police  head- 
quarters  667  319 

Stand  provided  for  use  of 675  .321 

Not  to  make  a regular  stand  at  other  place Q77  321 

Subject  to  regulations  of  superintendent  of  police  at  railroad 

depots 678  321 

Police  may  order  away  from  public  stand,  etc— when 679  322 

Handbills. 

Imws— 

Power  to  regulate  posting  and  carrying  of [17, 181  63  36 

Ordinances— 

N ot  to  be  posted  on  property  without  consent,  etc 793  357 

Hawkees— (See  Peddlers.) 

Laws — 

Power  to  license  and  regulate [41]  63  38 

Hay. 

Laws— 

Power  to  regulate  inspection  and  weight  of [541  63  39 

Ordinances— 

Weighing  of,  deduction  for  pole 249  211 

What  constitutes  a ton  of.  (See  note  to  section) 249  211 

Dealer  in  not  competent  to  hold  office  of  weigher 255  212 

Stacking  of  near  buildings  regulated 409  252 

Health  Depaktment. 

I^aws— 

Power  to  appoint  board  of  health 1761  63  41 

Power  to  establish  hospitals,  etc 1771  63  41 

Power  to  make  health  regulations 1781  63  41 

Ordinances — 

Department  established 217  204 

What  officers  embraced  in 217  204 

Board  of  health,  how  appointed 218  204 

Members  of  to  qualify 219  204 

Mayor  to  be  president  of  the  board 220  204 

Clerk  shall  be  secretary  of 220  204 

Board  to  hold  monthly  meetings— where 221  204 

May  make  and  determine  its  own  rules 221  205 

Exercise  a general  supervision  over  the  public  health,  cause 

nuisances  to  be  abated,  etc 222  205 

Orders  of  to  be  certified  by  the  clerk 223  205 

Mayor  shall  cause  the  same  to  be  executed 223  205 

Orders  of  the  board  to  be  obeyed  by  all  persons 224  205 

Penalty  for  refusing  to  obey 224  205 

Board  may  establish  temporary  hospitals,  etc 225  205 


488 


GENERAL  INDEX 


Health  Depaktment.  OrcZmauces— Continued.  Section.  Page 

May  cause  person  having  contagious  disease  to  be  removed 

without  the  corporate  limits • 226  205 

Infected  wearing  apparel,  etc.,  to  be  destroyed 227  206 

Bills  for  expenses  of  board— how  certified 228  206 

Clerk  to  keep  record  of  disbursements. 228  206 

Duty  of  physicians  to  report  patient  laboring  under  conta- 
gious or  infectious  disease 220  206 

Notice  to  be  posted  on  house  of  person  having  small-pox 230  206 

Person  having  small-pox  not  to  go  on  street,  etc 231  206 

Duty  of  physicians  and  nurses  aitending  upon  persons  having 

contagious  diseases — 232  207 

Penalty  for  bringing  small-pox  into  city 2:33  207 

Penalty  for  selling  diseased  animal,  spoiled  meat,  etc 234  207 

Penalty  for  selling  adulterated  milk,  provisions,  etc 2:35  207 

Duty  of  police  officers  to  prosecute 235  207 

Duty  of  druggists  selling  or  delivering  poisons 2:36  207 

Duty  of  board  of  health  to  inspect  slaughter  houses, etc.— when  535  283 

Health  Inspector. 

Ordinances — 

Mayor  authorized  to  appoint 237  208 

To  give  bond— compensation  of 238  208 

Duty  of 2:39  208 

Shall  cause  nuisances  to  be  abated 239  208 

Authorized  to  enter  and  examine  buildings  and  lots,  and  to 

cause  same  to  be  cleansed,  etc 240  208 

Penalty  for  resisting  or  obstructing  health  inspector 241  208 

To  attend  meetings  of  board  of  health,  etc 242  209 

Consult  mayor  and  city  attorney 242  209 

Members  of  police  force  to  aid  and  assist 243  209 

Duties  of  may  be  performed  by  policeman— when 244  209 

Notify  owner  of  pig-pen  or  stable  to  abate  nuisance  in 527  281 

Notify  owner  of  lot  to  abate  stagnant  water  on 529  282 

Notify  persons  in  charge  of  cattle-pens,  etc.,  to  remedy  or 

abate  nuisance  in 532  282 

Notify  owner  of  privy  when  in  offensive  condition 541  285 

Notify  persons  throwing  filth  or  rubbish  in  streets  to  remove 

sarhe 648  313 

Highways. 

Laws  — 

Power  to  compel  railroad  company  to  keep  track  on  level  with 

surface  of 1271  63  37 

Hogs— (See  Swine.) 

Hoops. 

Laws — 

Power  to  prevent  and  regulate  rolling  of [92]  63  42 

Horses. 

Laws— 

Power  to  regulate  speed  of [21]  63  36 

Power  to  restrain  from  running  at  large [80]  63  41 

Ordinances— 

Unlawful  to  run  at  large 300  225 

May  be  taken  up  by  police  officer  at  night 318  229 

Indecent  exhibition  of  prohibited 485  272 

Riding  or  driving  of,  in  streets  and  alleys,  regulated 500  275 

Not  to  be  left  standing  attached  to  vehicle  and  unfastened 501  275 

Persons  driving  and  meeting  to  turn  to  right  502  276 

Not  to  be  driven  upon  or  across  sidewalk— exception 626  307 

Not  to  be  unhitched  or  left  before  private  house,  etc 641  312 

Not  to  be  unhitched  or  fed  on  paved  streets 642  312 

Horse  Railroads. 

I^aws— 

Power  to  permit,  regulate  or  prohibit [241  63  36 

No  permit  for  longer  time  than  twenty  years [241  63  36 

Power  to  grant  use  of  street  for— how  exercised [90]  63  42 

Charter  of  Springfield  City  Railway  Company 883-887  388-390' 


GENERAL  INDEX.  489 

Horse  Railroads— Continued. 

Ordinances—  Section.  Page 

Unlawful  to  construct  or  use  in  street  or  avenue  without  con- 
sent of  council,  etc 586  297 

Company  operating  or  maintaining  to  keep  track  on  level  with 

street  surface,  etc 587  297 

Tracks  of,  how  laid— to  be  planked  or  paved  between  rails 587  297 

Tram-rail  to  be  used  on  improved  or  paved  streets 588  297 

Construction  of  under  supervision  of  mayor  and  street  super- 
intendent-penalty for  neglect 588  297 

Company  or  person  operating  to  procure  license  for  cars 589  297 

Amount  of  license  fee  to  be  paid  for  each  car 589  298 

Licensed  cars  to  have  right  of  way  to  their  tracks. 590  298 

Tracks  of.  not  to  be  obstructed  by  persons  or  vehicles 590  298 

Stopping  of  cars  at  street  intersections  regulated 591  298 

Cars  to  be  run  at  all  reasonable  hours,  etc 592  298 

Cars  to  be  numbered  and  lettered 592  298 

Duty  of  company  to  pave  track  of,  when  street  is  ordered 

paved 579  362Ji 

Track  of,  on  Fifth  street  884  390 

Track  of,  on  Monroe  and  Walnut  streets 893  392 

Track  of,  on  Second  street.  Capital  avenue.  Sixth,  Washington 

and  Ninth  streets 899  393 

Track  of,  on  Eleventh  p.nd  Washington  streets 901  393 

Track  of,  on  north  Second.  Carpenter  and  Rutledge  streets, 

and  part  of  North  Grand  Avenue 919  397 

Track  of,  on  south  Eleventh  street  and  part  of  South  Grand 

Avenue 935  401 

Ordinance  concerning  side-tracks  and  switches 941-2  402 

Horse  Troughs. 

Laws— 

Power  to  regulate, 1171  63  36 

Hospitals. 

Laws— 

Power  to  establish  and  regulate .L77J  63  41 

Ordinances— 

Board  of  health  may  establish  temporary 225  205 

Hotels. 

Laws — 

Doors  of  to  open  outward 298  118 

Ordinances— 

Doors  of  egress  from  to  be  so  swung  as  to  open  outward 507  276 

Penalty  for  failing  to  comply,  etc 507  276 

Houses  of  Ill-Fame. 

Laws— 

Power  to  suppress  within  city,  and  within  three  miles  of  the 

boundaries  thereof [451  63  38 

Unlawful  to  license 249  103 

Ordinances— 

Penalty  for  keeping  or  maintaining. 494  274 

Penalty  for  leasing  building  to  be  used  for 495  274 

Penalty  for  being  an  inmate  of,  or  found  in 496  274 

Penalty  for  enticing  female  or  minor  into. 497  275 

Character  of— how  proven : 498  275 

Person  not  subject  to  fine  for  giving  testimony  against 499  275 

House  Numbering. 

Laws— 

Power  to  regulate [22J  63  6 

Ordinances— 

To  be  in  conformity  with  decimal  system 745  345 

Washington  street  the  dividing  line  for,  on  streets  running 

north  and  south 745  345 

First  street  the  dividing  line  for,  on  streets  running  east  and 

west 745  345 


490 


GENERAL  INDEX. 


House  Num2eeing.  Grdmances— Continued,  Section.  Pasje 

Numbers  of  blocks,  etc.— how  regulated 745  :t46 

Duty  of  city  engineer  to  assign  numbers,  etc 746  346 

Owners  to  have  houses  numbered— penalty  for  neglect 747  346 

Hydkants— (See  Water- Works.) 

Laws— 

Power  to  regulate  construction  of I57J  63  39 

I. 

Idiots  and  Lunatics. 

Ordinances— 

To  be  temporarily  provided  for  by  city 751  348 

When  at  large  and  dangerous,  to  be  confined 752  348 

Superintendent  of  police  to  notify  the  proper  county  officer  of  752  348 

Illegal  Voting— (See  Elections.) 

Illinois  Centbal  Railkoad  Company. 

Ordinance  granting  permission  to  cross  Seventh  and  Eighth 

streets  with  two  side-tracks 867-870  383-4 

Impeisonment. 

Jjaws— 

Power  to  order,  etc 69  44 

N ot  to  exceed  six  months  for  one  offense 197  81 

Ordinances— 

Vagrant  may  be  imprisoned  for  six  months 524  280 

Impeovements, 

Laws— 

When  made  by  general  tax 132  62 

When  by  special  tax— how  made 133  62 

Manner  of  apportioning  assessments  for 140  64 

Making  of,  to  be  let  by  contract,  etc 165  71 

Incoepoeation  of  City  undee  Geneeal  Law. 

Ordinance  submitting  question  to  electors  of  city 823-825  368-9 

Result  of  election  on 369 

Indebtedness. 

Laws— 

Limited  to  five  per  centum  of  valuation LSI  63  34 

Indecency. 

Laws— 

Power  to  suppress  and  prevent (45,591  63  38-9 

Ordinances— 

Penalty  for  making  indecent  exposure  of  person,  etc 484  272 

Penalty  for  writing  or  drawing  indecent  sentence  or  figure 485  272 

Indecent  exhibition  of  animal  prohibited 485  272 

Penalty  for  selling  indecent  or  lewd  books,  etc 486  273 

Exhibition  of  lewd  or  indecent  play— penality  for 487  273 

Inspzctoe  of  Oils— (See  Oil  Inspection.) 

Inspectoe  of  Weights  and  Measuees. 

Laws— 

Power  of  council  to  provide  for [551  63  39 

Ordinances— 

Appointment  to  office  of— when 257  212 

Bond  of 258  213 

Comptroller  to  procure  standards  for 259  2-'3 


GENERAL  INDEX.  491 

Inspector  of  Weights  and  Measures.  Ordinances— Continued. 

Section.  Page 

Duty  to  inspect  and  stamp  all  weights  and  measures  once  in 

each  year 260  213 

Duty  of,  on  complaint  being  made,  etc 261  213 

To  make  charge  only  for  yearly  inspections— exception 261  213 

Inspect  city  scales  without  charge 261  213 

To  condemn  incorrect  instruments 262  214 

Use  of  condemned  weights  or  measures  prohibited 262  214 

Keep  register  of  inspections,  and  report  to  council  263  214 

Use  of  uninspected  weights  and  measures  prohibited  after 

1st  of  November.  1884— penalty 264  214 

To  have  access  to  all  buildings  and  rooms 265  214 

Penalty  for  refusing  to  exhibit  weights,  etc.,  or  for  hindering 

or  obstructing  inspector. . 265  214 

Duty  to  keep  an  office  and  office  hours 266  214 

Deliver  register  and  standards  to  his  successor 266  214 

Penalty  for  using  unlawful  weightsor  measures 267  215 

Pees  of  inspector— (See  Fees  and  Salaries.) 

(See,  also.  Weights  and  Measures.) 

Insurance  Companies. 

Laws— 

Tax  on  foreign— agents  of  to  pay Ill  56 

Tax  on  net  receipts  of  foreign 261  103 

Cities  having  an  organizeci  Are  department  may  levy  tax  or 

license  on  of  not  exceeding  two  per  cent 251  104 

Ordinances— 

Rate  of  license  fee  to  be  paid  by  agents  of ...  424  256 

Two  per  cent,  required  on  all  premiums 748  347 

Agents  of  to  render  account  to  comptroller  in  January  and 

July  of  each  vear 749  347 

License  to  be  th(  n issued  by  city  clerk 749  347 

Penalty  for  failing  to  account,  etc 750  347 

Issuing  Warrants  on  Treasurer. 

Laws— 

When  warrants  may  be  drawn 252  104 

Issued  in  anticipation  of  taxes 253  104 

Interest— (See  Bonds.) 

Intoxication. 

Laws — 

Power  to  prevent,  etc [591  63  39 

Ordinances— 

Punishment  for 482  272 


J. 

Jail. 

Laws— 

City  may  use  county  jail  for  confinement  of  offenders [701  63  40 

Judges. 

Laws — 

Of  county— when  to  call  election  for  organization  of  city 5 22 

Judges  of  Elections. 

Laws— 

How  appointed >■  57  33 

May  appoint  clerks  of  election  to  fill  vacancies 58  33 

To  make  returns  to  city  clerk 58  33 

May  choose  clerks  for  town  elections 241  99 

To  make  separate  returns  of  town  elections 241  100 

Constitute  a board  of  registry 242  101 


492 


GENERAL  INDEX. 


Judges  of  Elections— Continued.  Section.  Page 

Ordinances— 

To  be  appointed  by  council  thirty  days  before  regular  election  * 335  232 

Clerk  to  cause  to  be  notiflf^d  of  appointment a35  232 

Vacancies  among— how  filled  33G  2:33 

May  appoint  clerks  when  necessary  to  fill  vacancies,  etc 337  233 

Ballot-boxes  and  poll-books  to  be  delivered  to  by  clerk 3:38  233 

To  make  proclamation  of  opening  and  closing  of  polls :340  233 

To  make  returns  to  clerk  within  two  days  after  election 342  234 

Compensation  of 372  241 

Judgment. 

Laws— 

Against  city— borrowing  of  money  to  pay-. 91  51 

In  condemnation  proceedings 126-130  60-l 

In  special  assessment  proceedings 145-149,150  66-7 

On  special  tax  for  sidewalks 325  130 

Ordinances— 

Executions  to  be  issued  on,  when  in  favor  of  city 116  181 

Appeals  from,  in  city  cases 119  182 

Junk  Stoees— (See  Keepers  of  Junk  Shops.) 

JUKISDICTION. 

Laws— 

Territorial,  of  city  council 45  29 

General  powers  of  council 63  34 

Over  bawdy  and  disorderly  houses [451  63  38 

Over  cemeteries  [791  63  41 

Over  packing  houses,  renderies,  etc [811  63  41 

Of  justices  of  the  peace 70  45 

Of  city  government  over  waters 72  45 

Of  police  magistrates.  287  114 

Of  council  to  pass  ordinance  for  preservation  of  water- works  394  152 

JUEOKS. 

Laws— 

In  commendation  proceedings 123,124  60 

In  spf^cial  assessments 146  66 

Inhabitants  of  city  competent  as 175  74 

Ordinances- 

In  justices’ courts 169  192 

Justices  of  the  Peace. 

Laws — 

Jurisdiction  of,  etc 70  45 

Jurisdiction  in  cases  for  violations  of  city  ordinances 255  105 

Number  of  may  be  regulated  by  council,  but  shall  not  exceed 

number  allowe'd  by  law 283  112 

Ordinances— 

Suits  for  recovery  of  fines,  etc.,  to  be  brought  before 160  190 

Issuing  of  summons  against  incorporated  company,  etc 162  190 

To  do  ket  city  cases 163  191 

Mode  ol  procedure  in  courts  of 164-171  191-2 

Monthly  reports  by  to  council— how  made 172  192 

To  pay  moneys  collected  for  city  into  treasury  monthly 173  192 

In  case  of  failure  to  pay,  suit  to  be  brought  on  official  bond...  173  193 

Failing  to  hold  court,  or  pay  over  what  council  may  order 174  193- 


K. 

Jt 

Kansas  Stkeet. 

Ordinance  for  vacating  a part  of 959  407 

Keno  Table— (See  Gaming). 


' GENERAL  INDEX.  493 

Kekosene. 

Ordinances—  Section.  Page 

Penalty  for  selling  explosive  substances  by  lamp  or  gas-light  417  253 

Kite  Flying. 

Laws— 

Povrer  to  prevent  and  regulate 1.921  63  42 

Ordinances—  ' , 

Prohibited  in  parts  of  city  devoted  to  business 403  276 


L. 

Labor. 

Laws— 

Of  prisoner  within  or  without  city  prison 69-197  44-81 

Council  may  require  of  male  inhabitants  on  streets 327  131 

Power  to  enforce  by  fines  and  penalties t28  131 

Ordinances— 

Able-bodied  male  prisoners  to  be  delivered  by  prison  keeper 

to  street  superintendent 190  197 

Superintendent  of  streets  to  receive  when  practicable,  and 

compel  labor  of  on  streets,  etc 190  197 

Amount  allowed  prisoner  for  each  day’s  work 190  197 

Refusing  to  labor,  not  allowed  any  credit  on  fine 192  197 

Duty  of  superintendent  to  report  names,  etc.,  of  prisoners 

laboring 194  198 

Ladder. 

Ordinances— 

When  owner  of  building  required  to  provide 391  146 

Lamps— (See  Street  Lights.) 

Lands. 

Laws— 

City  may  require  and  hold  for  corporate  purposes 10  24 

Power  to  levy  taxes  on 63  34 

Compensation  to  be  made  for  when  taken'or  damaged  for  local 

improvement ' 124,125  60 

Commissioners  to  assess  amount  of  benefits  to  by  improve- 
ment  140  64 

Effect  of  judgment  against  for  improvement 149  67 

Proceedings  to  sell  for  special  assessmnnt 154,155  68-9 

City  may  purchase  at  sale  of  for  special  assessment 160  70 

City  may  take  and  condemn  for  water- works 170  73 

Assessment  of  special  tax  against  for  sidewalks 321  127 

Bights  of  owner  of  in  case  of  vacation  of  street 330  132 

Bight  of  water  commissioners  to  enter  on  and  condemn 383,384  149 

Lard. 

Laws — 

Power  to  regulate  sale  of L50]  63  39 

Power  to  regulate  inspection  of 1531  63  39 

Ordinances— 

Sale  of  adulterated  prohibited 235  207 

Bendering  of  tainted  within  city  a nuisance 534  283 

Consent  ol  council  required  to  establish  rendery  for  without 

city  limits,  and  in  one  mile  thereof. 534  283 

Penalty  for  tainting  the  air,  etc.,  by  rendering 534  283 

Laws. 

Prior  laws  continue  in  force  when  not  inconsistent,  etc 6 23 


Law  Department— (See  City  Attorney.) 
Lewdness— (See  Indecency.) 


494 


GENERAL  INDEX. 


Licenses. 

Laws—  Section.  Page 

Power  to  fix  the  amount,  terms  and  manner  of  issuing  and 

revoKing 141]  63  34 

Liquor  license  not  to  extend  beyond  municipal  year [461  63  38 

Moneys  collected  for  to  be  paid  into  city  treasury 68  44 

How  license  for  keeping  dram-shop  may  be  granted 236  97 

Farmers  and  gardners  may  sell  produce  without 256  105 

Ordinances— 

Mayor  may  grant  and  reyoke 4 157 

To  be  issued  and  attested  by  city  clerk 19  160 

Clerk’s  fees  for  issuing  and  certifying  transfer  of  370  240 

Unlawful  to  carry  on  certain  kinds  of  business  without 421  255 

Persons  required  to  be  licensed  to  register  with  clerk 422  255 

Persons  doing  business  in  co-partnership  to  pay  but  one 

license  fee— when  separate  fee 423  255 

Fee  fixed  for  each  business  or  occupation  required  to  be 

licensed 424  255 

Fee  for  auctioneer’s  license [1]  424  255 

Fee  for  ball  or  pin-alley  keepers [2]  424  255 

Fee  for  keepers  of  billiard  and  other  like  table ]3]  424  256 

Fee  for  brokers  and  money  changers [41  424  256 

Fee  for  brokers  of  real  estate * [51  424  256 

Fee  for  brewers  and  distillers [6]  424  256 

Fee  for  local  agents  of  foreign  brewers,  etc [7]  424  256 

Fee  for  draymen  and  owners  of  job  wagons,  etc [8]  424  256 . 

Fee  for  exhibition  of  curiosities [91  424  256 

Fee  for  hackmen  and  omnibusmen [101  424  256 

Fee  for  hawkers  or  peddlers [11]  424  256 

Fee  for  horse  railway  cars [12]  424  256 

Rate  to  be  paid  by  agents  of  foreign  insurance  companies. [131  424  256 

Fee  for  keepers  of  public  scales [141  424  257 

Fee  for  keepers  of  lumber  yards [151  424  257 

Fee  for  keepers  of  liyery  stables [161  424  257 

Fee  for  keepers  of  ordinaries [171  424  257 

Fee  for  keepers  of  fruit  and  candy  stands  on  sidewalks [181  424  257 

Fee  for  keepers  of  shooting  galleries [191  424  257 

Fee  for  keepers  of  second-hand  stores [201  424  257 

Fee  for  keepers  of  junk-shops [211  424  257 

Fee  for  porters  and  runners [221  424  257 

Fee  for  pawnbrokers [231  424  257 

Fee  for  retailers  of  liquors [241  424  257 

Fee  for  wholesale  dealers  in  liquors [251  424  257 

Fee  for  vendors  of  fresh  meats [261  424  257 

Fee  for  vendors  of  milk  from  wagons [271  424  257 

Fee  far  circus  and  side-shows [281  424  257 

Fees  for  theatrical  and  other  such  amusements [291  424  257 

Fee  for  yearly  license  to  proprietor  of  opera  house,  etc [291  424  258 

Certain  shows  or  entertainments  exempt  from [291  424  258 

When  license  fees  to  become  due  and  payable 425  258 

Municipal  year  fixed  for  purposes  of  license 425  258 

Penalty  for  carrying  on  business  without  license 426  258 

Application  for— how  made,  etc 427  258 

Form  of  license 428  259 

Bonds  required  of  applicants— in  what  cases 429  259 

Conditions  of  bond 430  259 

Mayor  to  receive. application  for  license 431  260 

Declining  to  grant,  shall  report  to  council 432  260 

Not  to  be  granted  for  longer  term  than  one  year 433  260 

Manner  of  issuing— when  to  expire : 432  260 

Not  assignable,  etc.,  without  consent  of  mayor  or  council 433  260 

Holder  of,  not  to  act  under  at  more  than  one  place  at  a time...  433  260 

Manner  of  certifying  mayor’s  consent  to  transfer  of 434  260 

Assignee  of  to  give  new  bond 434  260 

To  be  countersigned  by  comptroller 435  261 

Subject  to  all  ordinances  in  force  at  the  time  of,  etc 436  261 

Persons  receiving  to  post  up  in  place  of  business 437  261 

Penalty  for  neglecting  to  keep  posted  up 437  261 

In  case  of  death  of  person  licensed,  partner  or  legal  repre- 
sentative may  act  under 438  261- 

City  clerk  to  keep  license  register,  and  report  to  council  on 

first  Monday  in  each  month 439  261 

Duty  of  clerk  to  notify  persons  whose  licenses  have  expired. . 440  262 

Not  to  be  didivered  until  all  fees  thereon  are  paid 441  262 

Superintendent  of  police  to  examine  license  register,  and 

prosecute  all  persons  acting  without 442  262 


GENERAL  INDEX.  495 


Licenses.  Ordmance.s— Continued.  Section.  Page 

Bonds  and  amount  of  fee  required  of  applicants  for  license  to 

retail  liquors 444  263 

Board  of  water  commissioners  may  issue  to  plumbers  in  con- 
nection with  water- works 716  337 

Fee  for  license  to  exhibitors  of  lung-testers,  etc 727  340 

Fee  for  to  scavengers 777  353 

Lien. 

Laws— 

Special  assessment  a lien  from  date  of  judgment 149  67 

Special  assessment  a lien  until  paid 166  72 

Water  tax  a continuing  lien 172  74 

Warrants  issued  in  anticipation  of  taxes 253  104 

Special  tax  for  sidewalks 325  130 

Assessments  for  use  of  water  by  water  commissioners 370  145 

Lights. 

Laws— 

Power  to  regulate  use  of  in  stables,  shops,  etc [651  63  40 

Ordinances— 

Use  of  in  carpenter  shops,  etc.,  regulated 394  248 

Lighted  candles  or  lamps  not  to  be  carried  into  barns  or 

stables  without  being  enclosed,  etc 401  250 

Limits. 

Laws— 

Of  the  city,  defined 339-344  136-138 


Lincoln  Monument. 

Ordinance  making  donation  of  certain  ground  for 826,827  370-1 

Ordinance  authorizing  mayor  and  clerk  to  convey  certain 

land  to  monument  association 828-830  371-2 

Liquces  and  Liquor  Sellers. 

Laws— 

Power  to  license  and  regulate  sale  of [46-481  63  38 

How  license  may  be  granted  for  keeping  dram-shop 236  97 

License  for  sale  of  malt  liqours— penalty  for  violating 238  98 

Ordinances— 

Penalty  for  selling  or  giving  away  without  license 443  263 

How  license  to  sell  by  retail  obtained 444  263 

Amount  required  to  be  paid  for  license  444  263 

License  may  be  revoked  by  mayor— when 445  264 

License  to  be  conspicuously  posted  in  place  of  business 446  264 

Person  licensed  not  to  employ  minors,  nor 447  264 

Not  to  sell  liquors  to  minors  without  written  order  from  parent 

or  guardian 447  264 

Minors  and  habitual  drunkards  not  to  remain  in  or  about 

saloon 448  264 

Saloon  keeper  not  to  permit  drinking  to  excess  in  his  place  of 

business 449  265 

Not  to  sell  to  habitual  drunkard  after  notice,  etc 450  265 

Person  licensed  to  retail  liquors  not  to  permit  boisterous  con- 
duct, quarreling,  etc.,  in  his  place  of  business 451  265 

Licensed  saloon  keeper  authorized  to  arrest  persons  guilty  of 

disorderly  conduct  in  saloon 452  265 

Gaming  for  money  in  saloon  or  place  of  business  prohibited...  453  265 

When  saloon  or  dram-shop  declared  to  be  a disorderly  house, 

etc 454  265 

Penalty  for  supplying  prisoner  with  liquor— exception 455  266 

Penalty  for  keeping  open  saloon  after  12  o’clock  at  night 456  266 

Saloon  or  dram-shop  not  to  be  kept  open  on  election  days 457  266 

Retailer  of  liquors  to  procure  and  keep  posted  up  copy  of  ordi- 
nance relating  to  his  business 458  266 

Dram-shop  defined 459  267 

Duty  of  police  officers  to  enforce  provisions  of  article 460  267 

Wholesale  dealers  in  liquors  to  take  out  license 461  267 


496 


GENERAL  INDEX. 


Liquoks  and  Liquor  Sellers.  Grdmawces— Continued.  Section.  Page 


Brewers  and  distillers  of  to  be  licensed 

Manner  of  applying  for  and  obtaining  license 

Perons  licensed  to  sell  in  quantities  over  one  gallon,  not  to  sell 

or  give  away  to  be  drank  on  premises 

Pharmacists  not  to  sell  liquors  without  permit 

Fee  to  be  paid  by  pharmacist  or  druggist  for  permit. J. 

Bond  to  be  given  by 

How  permit  issued— what  it  shall  state 

No  permit  for  longer  term  than  one  year— when  to  expire 

Penalty  for  selling  contrary  to  permit 

Mayor  may  revoke,  etc 

Penalty  for  keeping  open  dram-shop  or  drinking  saloon  on 
Sunday 


461  267 

462  267 

463  267 

464  268 

465  268 

465  268 

466  268 

467  268 

468  268 

469  269 

522  279 


Livery  Stables. 


Laws— 

Power  to  regulate [821 

Power  to  license [911 

Ordinances — 

License  fee  fixed  for  keeping 

When  nauseous  or  offensive,  owner  of  deemed  guilty  of  main- 
taining a nuisance 


63  41 

63  42 

424  257 

531  282 


Local  Improvements— (See  Special  Assessments.) 


Locomotives. 

Laws— 

Power  to  regulate  speed  of [211 

Ordinances — 

Not  to  be  stopped  or  left  on  street  or  crossing  longer  than  five 

minutes  at  a time 

Whistle  of  not  to  be  sounded  within  city— exceptions 

Speed  of.  in  city,  regulated  

Bell  of  to  be  rung  while  running  through  city , 

To  have  lights  in  the  night  time  

Opening  cylinder  cocks  of,  for  discharge  of  steam,  regulated.. 


63  36 


581  295 

582  296 

583  296 

584  296 

585  296 

576  296 


Lotteries. 

Laws — 

Power  to  suppress  [451 

Ordinances— 

Penalty  for  setting  up  or  maintaining 

Penalty  for  permitting  on  premises,  etc 

Sales  depending  on  change  or  hazard  declared  gaming 

Lumber. 

Laws— 

Power  to  regulate  inspection  and  measuring  of [541 


63  38 


492  274 

492  274 

493  274 


63  39 


Lumber  Yards. 
Laws— 


Power  to  license 1911 

Power  to  regulate  and  prohibit  in  fire  limits [931 


Ordinances— 

Establishment  of,  within  fire  limits,  prohibited 

Keepers  of  to  stack  their  lumber  in  compact  piles 

Shavings  or  straw  not  to  be  deposited  near 

Amount  of  license  fee  to  be  paid  by  keepers  of 


63  42 

63  43 


382  244 
384  245 
384  245 
424  257 


‘Lung-Testers. 

Ordinances— 

License  required  of  727  340 


GENERAL  INDEX. 


497 


* 


M. 

Manufactokies. 

Laws—  Section.  Page 

Power  to  regulate,  etc [631  6.3  40 

Ordinances— 

Buildings  used  for,  of  more  than  two  stories  in  height,  to  have 

fire  escapes 397  249 

When  nauseous  or  offensive  a nuisance  531  282 

Discharge  of  steam  from  into  public  sewer  prohibited 600  300 

Maps  and  Plats— (See  Additions.) 

Laws— 

To  be  approved  by  city  council 174  74 

Markets. 

Laws— 

Power  to  establish,  etc [491  63  39 

Market  Street. 

Ordinance  for  changing  name  of 955  406 

Marshal,  City. 

Laws— 

Power  to  provide  for  election  or  appointment  of 74  45 

Duties  and  powers  of  74  46 

Materials. 

Laws— 

Estimate  of  cost  of  for  local  improvement  . — 136  63 

Bill  of  cost  of  for  laying  down  sidewalk 323  128 

(See,  also.  Supplies.) 

Mayor. 

Laws— 

When  to  submit  question  of  city  incorporation 1 21 

Give  notice  of  such  election 2 22 

Qualifications  of  mayor 15  26 

Term  of  office 15  26 

Vacancy  in  office  of— how  filled 16,17  26 

Council  may  elect  mayor  pro  fcm— when 18  26 

When  office  of  shall  become  vacated 19  26 

Preside  at  meetings  of  city  council 20  26 

Shall  give  casting  vote  in  case  of  a tie 20  26 

Power  to  remove  any  officer  appointed  by  him 21  26 

Shall  report  reasons  for  such  removal  to  council 21  26 

His  power  to  preserve  the  peace 22  27 

May  release  persons  imprisoned,  etc 23  27 

General  duties  of 24  27 

Power  to  examine  records  25  27 

Messages  to  the  council  : 26  27 

Power  to  call  out  the  militia,  etc 27  27 

May  be  removed  from  office  for  malconduct,  misfeasance,  etc.  28  27 

May  appoint  persons  to  revise  ordinances 29  27 

May  call  special  meetings  of  city  council 46  30 

May  veto  ordinances  or  items  therein 47  30 

When  to  be  elected 50  30 

When  may  call  special  election 61  33 

Shall  be  elected 73  45 

Appoint  all  appointive  city  officers 75  46 

Oath  and  bond 76  46 

Not  to  hold  other  office 81  48 

Shall  be  conservator  of  the  peace 84  48 

I’o  wer  to  make  arrests 84  48 

Compensation  of 85  49 

May  administer  oaths  and  affirmations 88  50 

To  approve  contracts  for  public  improvements 165  71 

—32 


498 


GENERAL  INDEX. 


Mayor.  Lato.s— Continued.  Section.  Page 

To  have  map  made  when  territory  is  annexed  to  city 208  84 

Make  certificate  to  auditor  for  registration  of  bonds 219  90 

To  execute  city  bonds 226  93 

Approval  and  veto  of  ordinances 258  106 

When  salary  of  may  be  fixed 261  106 

May  determine  when  vacancy  exists  in  an  appointive  office. . . 269  109 

May  appoint  oil  inspector.. 270  109 

Trustee  of  police  and  fire  relief  fund 290  115 

May  prohibit  use  of  public  buildings— when 300  119 

Sign  deeds  to  lots  in  Oak  Ridge  Cemetery 347  139 


Ordinances— 

Bond  to  be  given  by 1 157 

Office  of  at  city  hall 2 1.57 

Sign  commissions,  permits,  etc 3 157 

Grant  licenses  for  purposes  authorized  by  ordinance,  etc 4 157 

Supervise  conduct  of  officers — 5 158 

Appoint  officers,  fill  vacancies 6 158 

Perform  other  duties 7 1.58 

Appoint  standing  committees  of  council 12  159 

Appoint  city  comptroller . 29  162 

To  approve  employment  of  additional  counsel 32  163 

Inspect  comptroller’s  books,  etc ...  33  163 

Sign  warrants  upon  the  treasurer 36  164 

Examine  treasurer’s  books  and  papers .56  168 

Appoint  city  collector 60  169 

Member  of  department  of  public  works 71  172 

Appoint  city  engineer 73  172 

May  require  engineer  to  make  plans,  etc 75  172 

May  require  him  to  superintend  public  work 76  172  . 

Appoint  street  superintendent 85  174 

Orders  of  to  be  carried  out  bv  street  superintendent 89  175 

Advertise  for  bids  for  public  improvements 101  178 

Open  bids  and  award  contracts 103  178 

Approve  contracts  and  bonds  106  179 

Sign  warrant  for  payment  when  contract  completed 110  180 

May  authorize  appeal  in  certain  cases 119  182 

Appoint  superintendent  of  police / 126  184 

Appoint  sergeant  and  police  patrolmen 137-141  186 

Designate  day  and  night  policemen 143  187 

May  appoint  special  patrolmen 144  187 

May,  upon  application,  appoint  watchmen 159  189 

Appoint  prison  keeper 178  194 

Appoint  fire  marshal 197  199 

Appoint  firemen,  upon  recommendation  of  fire  committee 206  201 

Appoint  board  of  health 218  204 

Shall  be  president  of  board  of  health 220  204 

Appoint  health  inspector 2.37  208 

Appoint  city  weigher 245  210 

Appoint  inspector  of  weights  and  measures 257  212 

Appoint  managers  of  Oak  Ridge  Cemetery 280  219 

Sign  cemetery  deed.  287  221 

May  issue  proclamation  for  the  muzzling  of  dogs— when 323  230 

Grant  permits  for  buildings  in  fire  limits 388  246 

A member  of  committee  to  determine  fire  escapes 396  248 

Sign  permit  for  keeping  and  selling  gunpowder 414  253 

May  grant  applications  for  licenses 427  2.59 

Approve  license  bonds 430  259 

Receive  all  applications  for  licenses 431  260 

Refusing  to  grant,  shall  communicate  to  council 431  260 

May  consent  to  transfer  of  license 434  260 

May  revoke  license  after  notice,  etc 436  261 

Application  for  liquor  license  made  to— how  granted,  etc 444  263 

May  grant  permit  to  pharmacist  to  sell  liquor  for  certain  pur- 
poses  465  268 

May  revoke  permit,  whenever,  etc 469  269 

May  remove  officers  appointed  by  him  556  289 

Supervise  laying  of  horse  railroad  track  in  street 588  297 

Enforce  provisions  of  section  relating  to  sewer  connections..  605  301 

May  give  permission  for  making  excavation  in  street 628  309 

when  permission  to  be  in  writing 628  309 

May  grant  permit  for  removal  of  building  through  street 638  311 

Inspect  new  street  lamps  with  gas  committee 650  314 

Duty  to  see  that  the  public  lamps  are  kept  in  order 652  314 

May  give  permission  for  removing  pu])lic  lamps 654  315 

Concur  with  superintendent  of  police  in  prescribing  rules  for 

drivers  of  licensed  vehicles  about  railroad  depots 678  321 


GENERAL  INDEX. 


499 


Ma-oe.  Continued.  Section.  Page 

May  grant  permit  for  concert  in  licensed  saloon 725  340 

May  provide  temporarily  for  unprotected  idiot  or  lunatic 751  348 

May  inspect  books  of  pawnbroker 760  350 

Authorized  to  grant  license  to  scavenger 776  353 

Books  of  second-hand  and  junk-dealers  to  be  open  to  inspec- 
tion of 789  356 

Setting  of  telegraph  and  telephone  poles  to  be  under  direction 

of,  with  street  and  alley  committee 796  .358 

Duty  of  in  regard  to  funding  city  bonds 820  367 

Mayoe— Pro  tern. 

Laws— 

Council  may  elect,  during  temporary  absence  of  mayor  18  26 

Measuees— (See  Weights  and  Measures.) 

Meat. 

Laws— 

Power  to  regulate  sale  of 1501  63  39 

Power  to  provide  for  inspection  of 1531  63  39 

Ordinances— 

Penalty  for  selling  tainted  or  spoiled 234  207 

Police  officers  may  seize  and  destroy  unwholesome  234  207 

License  fee  required  from  vendors  of  fresh— exceptions 424  257 

Meetings. 

Laws— 

Mayor  to  preside  at  council 20  26 

Council  may  prescribe  time  and  place  of .38  29 

By  whom  special  meetings  of  council  maybe  called 46  30 

Of  board  of  education 360  142 

Ordinances — 

Regular  of  council— when  and  where  to  be  held 8 159 

Special  of  council— how  called 9 159 

Board  of  health  to  hold  monthly,  etc 221  204 

Board  of  Oak  Ridge  managers  to  meet  as  often  as  once  a month  282  219 

Menageeies. 

Ordinances — 

License  fee  to  be  paid  for 424  257 

Mendicants. 

lyaws— 

Power  to  restrain  and  punish [74]  63  41 

Meechandise. 

Ordinances — 

Not  to  be  placed  or  set  out  on  sidewalk  more  than  three  feet 

from  building 621  306 

Sidewalks  not  to  be  incumbered  longer  than  necessary  in 

receiving  or  delivering 622  306 

Streets  not  to  be  obstructed  or  incumbered  with 647  313 

Militia. 

T^aws— 

May  be  called  out  by  mayor 27  27 

Milk. 

Ordinances— 

Penalty  for  selling  adulterated — 235  207 

Samples  of  may  be  taken,  etc 235  207 

Peddlers  of  from  wagons  to  pay  license  fee— amount  of 424  257 


500 


GENERAL  INDEX. 


Minors. 


Laws—  Section.  Page 

Power  to  forbid  and  punish  selling  liquor  to [481  G3  39 

Power  to  forbid  keepers  of  second-hand  and  junk  stores  from 

purchasing  articles  from,  etc [95']  63  43 

Ordinances— 

Employment  of  in  saloons  prohibited 447  264 

Sale  of  liquor  to  not  allowed,  without  written  order,  etc 447  264 

Not  to  loiter  or  remain  about  saloon  or  dram-shop 448  264 

Gaming  by  in  saloons 454  265 

Penalty  for  permitting  to  remain  in  bawdy  house 497  275 

Pawnbrokers  not  to  receive  property  of 762  350 

Second-hand  and  junk-dealers  not  to  purchase  articles  from— 

exceptions 788  356 


Minstrels— (See  Amusements;  also.  Shows.) 


Misdemeanors, 

Title  to  chapter  xviii  of  general  ordinances 270 

Month. 

Ordinances— 

How  word  construed 571  293 

Money  Changers. 

I^aics— 

Power  to  license 1911  63  42 

Ordinances— 

Amount  of  license  fee  fixed  for j. 424  256 

Term  defined ( 740  344 

Penalty  for  carrying  on  business  without  license 741  344 

Mules. 

Ordinances— 

Speed  of  regulated,  when  riding  or  driving  through  streets.. . 500  275 

Municipal  Year. 

Laws— 

The  term  construed 177  75 

Ordinances— 

Established  for  license  purposes 425  258 


N. 

Name. 

Ordinances — 


Of  defendant  unknown— how  may  be  designated i 165  191 

True  name,  if  known,  to  be  place'l  on  docket 166  191 

How  case  docketed  against  unknown  owner  of  impounded 

animal 308  227 

Names  of  Streets. 

Ordinances— 

To  be  placed  upon  the  public  lamps 650  314 


GENERAL  INDEX.  501 


Newspapers. 

Laws—  Section.  Page 

Publication  of  elec’tion  notices  in 57  33 

Publication  of  certain  ordinances  in 55  43 

Publication  in  of  assessments  by  Avater  commissioners 373  145 

Ordinances— 

Mayor  to  advertise  for  proposals  for  public  work  loi  178 

Noises  and  Disturbances. 

Laws— 

Power  to  prevent  and  suppress 1721  63  41 

Ordinances— 

Penalty  for  disturbing  the  peace  by  loud  and  unusual  noises. . 471  270 

Penalty  for  disturbing  lawful  assembly  by 475  271 

Non-Residents. 

Laws — 

Condemnation  of  property  of 122  59 

Notices. 

Laws— 

Of  election  for  change  of  city  organization 2 22 

Of  election  for  organizing  a city 5 23 

Of  election  in  towns  after  change  of  organization 7 23 

Of  general  election 57  33 

To  be  given  elected  or  appointed  officer 50  33 

Of  special  elections 62  34 

. Of  special  assessment 142  65 

For  collection  of  special  assessment 152  57 

Of  proceedings  for  annexing  territory  to  city 203  83 

Judicial  notice 210  85 

Of  election  on  question  of  issuing  bonds 218  88 

Of  surety  to  officer  for  release  from  official  bond 228  94 

Of  assessments  by  water  commissioners 373  145 

Ordinances— 

Of  special  meetings  of  city  council 17  160 

To  officer  for  settlement  of  his  accounts 37  164 

To  council  when  appropriation  exhausted 39  165 

For  proposals  for  public  work 101  178 

Superintendent  of  police  to  take  of  nuisances,  etc 130  185 

To  police  magistrates  and  justices  to  pay  over  moneys  col- 
lected  173  193 

Of  escape  of  prisoner 194  198 

Of  small-pox— where  posted 230  206 

To  owner  or  user  of  incorrect  weight  or  measure 262  214 

To  owner  of  impounded  animal 306  226 

Of  sale  of  impounded  animal.  311  227 

Of  general  and  special  elections 333,334  232 

To  judges  and  clerks  of  election  of  their  appointment 335  232 

Topersonsofelectionorappointmenttooffi.ee 344  234 

Of  intention  to  contest  election  of  alderman 348  235 

To  owners  of  wooden  building  in  fire  limits,  when  a nuisance..  381  244 

Of  fire  marshal  to  owner  of  building  to  put  in  safe  condition..  395  248 

To  place  fire-escapes  on  building 397  248 

Of  fire  marshal  concerning  combustible  materials 409  252 

To  fire  marshal  of  gunpowder  in  burning  .building 420  254 

Of  city  clerk  to  persons  to  renew  or  take  out  license 440  252 

To  liquor  dealer  not  to  sell  liquor  to  habitual  drunkard 450  265 

To  owner  of  premises  to  abate  nuisance  on 526,527  281 

To  owner  or  lessee  of  livery  stable,  etc.,  when  nauseous 531  282 

To  owner  or  agent  of  building,  when  a nuisance 536,537  284 

To  owner  of  vault  or  privy,  when  offensive 540  285 

To  officer  to  surrender  books  and  papers 555  288 

3’o  railroad  company  to  change  grade,  etc 577  294 

To  railroad  company  to  place  lights  or  keep  flagman 580  295 

Of  street  superintendent  to  abate  sidewalk  nuisance 618  305 

To  remove  obstructions  from  sidewalk 622  306 

To  owner  of  building  encroaching  upon  street 637  311 

To  remove  merchandise  or  fuel  obstructing  street 647  313 

To  contractor  for  lighting  streets  to  remedy  defective  lamps...  652  314 

Of  assessments  for  water  rents 684  324 

To  remove  awnings  in  fire  limits  when  a nuisance 734  342 


502 


GENERAL  INDEX. 


Notices.  Grd?.??a»,cp.s— Continued.  Section.  Page 

To  remove  awning  without  fire  limits  when  dangerous 736  343 

To  county  officer  to  provide  for  idiot  or  lunatic 752  348 

To  remove  barbed  wire  fence 766  351 

Of  scavenger— where  to  leave  orders 780  354 

To  clerk  of  removal  of  second-hand  or  junk-dealer..' 786  355 

To  remove  unlawful  signs,  etc 791,792  357 

To  telegraph  company  to  remove  pole— when 795  .358 

To  trim  trees  when  obstructing  streets,  etc 801  359 


Nuisances. 

Laws— 

Power  to  define  and  abate 1751  63  41 

Power  to  impose  fines  for  creating  or  continuing [751  63  41 

Power  of  managers  of  Oak  Ridge  Cemetery  to  declare,  within 

half  mile  of  cemetery 353  140 

Ordinances— 

Superintendent  of  police  to  take  notice  of 130  185 

Board  of  health  to  cause  to  be  abated 222  , 205 

Health  inspector  to  cause  to  be  removed 239  208 

Penalty  for  neglecting  to  abate,  after  notice 241  208 

Cemetery  established  contrary  to  ordinance  declared  a 

nuisance 268  216 

Dogs  running  at  large— when  declared  to  be .320  229 

When  wooden  building  in  fire  limits  declared  a nuisance 381  244 

When  building  or  premises  deemed  a nuisance 526  281 

Pig-pens,  stables,  etc.— when  a nuisance 527  281 

Penalty  for  discharging  filthy  matter  on  street,  etc 528  281 

Lots  or  premises— when  a nuisance 529  282 

Duty  of  agent  or  occupant  of  premises  to  abate 530  282 

Owners  of  livery  stables,  gas  works,  etc.,  not  to  permit  to  be- 
come foul  or  offensive 531  282 

Cattle-pens.  stocK  yards,  etc.— when  nuisance 532  282 

Slaughtering  of  animals  within  city  declared  to  be 533  283 

Slaughter  or  packing  house  without  city,  when  offensive  and 

unwholesome,  deemed  a nuisance 533  283 

Bone  or  soap  factory,  or  lard  rendery,  in  city,  a nuisance 534  283 

Without  city,  when  offensive,  etc.,  deemed  a nuisance 534  283 

Duty  of  board  of  health  to  visit  and  inspect  slaughter  houses, 

soap  factories  and  renderies— when 535  283 

When  building  a nuisance— how  abated 536,537  284 

Scaffolds,  when’dangerous,  deemed  a nuisance 538  284 

Construction  of  water-closets  and  privies  regulated— when 

deemed  a nuisance 539,540  285 

When  privy  vaults  may  be  emptied 541  285 

Penalty  for  creating,  committing  or  continuing... 542  285 

Concerning  nuisances  not  herein  defined 542  285 

Sidewalk— when  declared  to  be 618  305 

Owner  of  premises  failing  to  remove  snow  from  sidewalk 

deemed  guilty  of  maintaining 627  307 

When  awning  declared  to  be  a nuisance 734  342 


Numbeeing  oe  Buildings— (See  House  Numbering.) 

Nukse. 

Ordinances— 

Of  small-pox  patient  not  to  go  on  street  without  changing 

wearing  apparel 232  207 


O. 

Oak  Ridge  Cemeteey. 

Laws— 

Described  and  established 345  138 

Manner  of  laying  out  and  selling  lots  in 346  138 

Manner  of  transferring  lots 347  139 

Clerk  shall  keep  a cemetery  record 348  139 

Lots  in— how  held— used  only  for  cemetery  purposes 349  1.39 


GENERAL  INDEX.  508 


Oak  Ridge  Cemetery.  Xa?o.s— Continued.  Section.  Page 

No  public  road  to  be  laid  out  throujjh :t50  140 

Records  of  cemetery— where  kept,  etc :i51  140 

Council  may  prescribe  additional  rules  concerning 852  140 

Limits  of  extended— powers  of  the  managers,  etc 353  140 

Ordinances— 

Description  of  cemetery  grounds— acres  contained  in 278  218 

Plat  of  not  to  be  changed  except  by  order  of  council 279  219 

Board  of  managers,  appointed  annually 280  219 

How  qualified 281  219 

Meetings  of  the  board— organization  of— secretary 282  219 

Board  to  have  control  and  charge  of  cemetery 283  219 

May  employ  necessary  laborers  and  workmen 283  220 

Npt  to  be  interested  in  contracts  for 283  220 

Appraisal  of  squares  or  lots  in  cemetery— how  made 284  220 

Manner  of  expending  receipts 285  220 

When  consent  of  council  required  to  expenditures 285  220 

City  clerk  to  keep  plat  of  grounds,  and  record  of  appraisals 

and  sales  of  lots 286  220 

Applications  for  lots  or  graves— to  whom  made 287  220 

Mannpr  of  purchasing  lots  or  graves  in 287  221 

Form  of  deed  for 289  221 

Cemetery  account  kept  by  clerk  and  treasurer 288  221 

Grounds  set  apart  for  different  purposes 290  221 

The  board  to  regulate  improvement  of  squares,  etc 290  221 

No  avenue  or  alley  in  to  be  closed  up— exception 290  222 

Sexton  of  cemetery— how  appointed 291  222 

Compensation  of  paid  by  the  board 291  222 

Duty  to  keep  and  preserve  the  grounds  in  order 292  222 

To  enforce  ordinances  relating  to  cemetery 292  222 

Power  to  arrest  persons  trespassing  in 292  222 

Shall  be  subject  to  orders  of  the  board  of  managers 292  222 

Keep  a plat  of  cemetery,  and  list  of  squares  or  lots  sold  in 293  222 

Interments  in— how  made,  etc 294  223 

Duty  of  sexton  relative  to  interments 295  223 

Monthly  returns  of  to  city  clerk 295  223 

Sexton  to  reside  in  building  at  cemetery 296  223 

Shall  dig,  or  cause  to  be  dug,  all  graves,  etc 296  223 

Penalty  for  neglect  of  duty,  injuring  graves,  etc 297  223 

Shall  deliver  records,  maps  and  effects  to  successor 298  224 

Disposition  of  fines  and  penalties  collected  from 299  224 

Oaths. 

Laws—  • 

Required  of  all  city  officers 76  46 

To  be  filed  in  office  of  city  clerk 76  46 

May  be  administered  by  mayor  and  clerk : 88  50 

Of  commissioners  to  make  special  assessment 139  63 

Refusal  or  neglect  to  take  causes  vacancy  in  office 268  109 

Of  oil  inspector 271  110 

Of  members  of  the  board  of  education 355  141 

Ordinances— 

Comptroller  may  require  when  account  is  presented 35  164 

To  be  taken  by  assistants  of  city  engineer 79  173 

To  be  taken  by  appraisers  of  damaged  building 380  244 

All  city  officers  to  take  ai  d subscribe 544  286 

The  word  “oath  ” deemed  to  inckide  “affirmation” 571  293 


Obscene  Publications. 

Laws— 

Power  to  prohibit  sale  of [45]  63  38 

Ordinances — 

Penalty  for  using  obscene  language  in  public  place 483  272 

Penalty  for  selling  or  exposing  for  sale  obscene  books,  etc 486  273 

Penalty  for  advertising  same  for  sale 486  273 

Exhibiting  obscene  or  indecent  play  prohibited 487  273 

Obstructions. 

Ordinances — 

Of  members  of  police  force  in  discharge  of  duty 152  188 

Of  firemen  in  the  performance  of  duty 214  202 

Of  health  inspector  in  discharge  of  his  duty 241  208 


50-1 


GENERAL  INDEX. 


Obstbuctions.  Ordinances— Continued.  Section.  Page 

Of  sun’t  of  police,  or  assistants  in  impounding  animals 316  228 

Of  officer  or  assistants  in  taking  up  dogs 321  230 

Of  street  crossing  by  railroad  companies 581  295 

Of  sidewalk  by  merchandise  or  fuel ' 622  306 

Of  streets  by  builders ; 634  310 

Of  streets  by  press  of  teams  and  vehicles 644  312 

Of  streets  by  merchandise,  etc 647  313 

Offal.. 

Ordinances— 

Rendering  of  within  city  prohibited 534  283 

Penalty  for  depositing  in  sewer 601  300 

Not  to  be  thrown  into  Sangamon  river  near  water-works 691  327 

Penalty  for  depositing  in  reservoir  of  water- works 693  328 


Offendees. 

Laws— 

Who  may  arrest 84  48 

Arrested  may  be  detained  over  night  or  Sunday 84  48 

Ordinances — 

Members  of  police  force  to  arrest 146  187 

Able-bodied  to  be  turned  over  to  street  superintendent  to  labor  190  197 

Escaping,  may  be  retaken,  etc 192  197 

Officers  to  arrest  at  fire 213  202 


Officees. 

Laws— 

Election  of  after  change  of  city  organization 7 23 

Term  of  first  elected  after  change  of  organization 9 24 

How  removed  and  restored 21  26 

Misconduct,  etc.,  of  mayor  or  other  officer 28  27 

Power  of  the  council  concerning [71]  63  40 

What  officers  to  be  elected 73  45 

Council  may  provide  for  additional 74  45 

To  have  no  claim  for  salary  when  office  discontinued 74  46 

Duties  of  may  be  prescribed  by  council 75  46 

How  appointed 75  46 

Oath  and  bond  of 76  46 

To  be  commissioned— how 77  46 

To  deliver  property  and  effects  to  successor 77  47 

Qualification  of 78  47 

Not  to  be  interested  in  contracts,  etc 79  47 

Bribery  of— penalty  80  47 

Power  of  certain  officers  to  make  arrests 84  48 

Compensation  of 87  49 

To  report  fees  received 87  50 

Contracting  liabilities  by,  limited  92  51 

May  be  authorized,  etc.,  to  attend  tax  sale 160  71 

May  be  required  to  give  new  bond 227  94 

Effect  of  new  bond 229  94 

When  effects  of  to  be  delivered  to  sureties 230  95 

Salaries  of,  when  fixed,  not  to  be  changed 261  107 

Not  to  be  interested  in  contracts,  etc.— bribery  of 265  107 

When  office  to  become  vacant *. 268  109 

Who  may  determine  when  vacancy  exists 269  109 

Election  of  town  officers 280  112 

Council  may  provide  for  uniting  certain  282  112 

Ordinances— 

Mayor  to  supervise  conduct  of 5 158 

Mayor  to  appoint 6 158 

Monthly  reports  by  to  city  comptroller 37  164 

To  furnish  statements  of  condition,  etc.,  of  their  respective 

departments  to  comptroller 47  166 

Who  not  eligible 543  286 

To  take  and  subscribe  oath  and  execute  bond 544  286 

Bonds  of  to  be  acknowledged 545  286 

Council  may  require  additional  security  or  new  bond  of 546  287 

To  be  commissioned 547  287 

Form  of  conjmission 548  287 

To  make  reports  and  furnish  information  when  required 549  287 


GENERAL  INDEX. 


505 


Officebs.  Ordmartcrs— Continued.  Section.  Page 

Liable  to  city  for  loss  from  negligence,  etc 550  287 

When  office  of  to  become  vacant 551  288 

Not  to  be  absent  without  obtaining  leave 552  288 

Not  to  be  interested  in  contracts,  etc 553  288 

Penalty  for  falsely  representing,  etc  554  288 

To  deliver  effects  to  successor  when  ceasing  to  be .555  288 

Mayor  may  remove— manner  of  removing 5,56  289 

Not  to  receive  salary  after  removal,  etc 557  289 

When  charge  preferred  against— action  of  council 558  289 

Proceedings  for  investigating  conduct  of 559  289 

Malfeasance  or  misfeasance  of— penalty 56o  290 


Offices. 

Laics— 

Council  may  create  and  discontinue 74  45 

Term  of  limited 75  46 


Official  Bonds— (See  Bonds.) 


Ohio  and  Mississippi  Railway  Company. 

Ordinance  giving  permission  to  construct  and  maintain  side 

track  on  part  of  west  Madison  street 385-388 


Oil  Inspection. 
Laws— 


Appointment  of  inspector 270 

Term  of  office— deputies 270 

Oath  and  bond 271 

Duties  of  inspector 272 

Test  of  oils— casks  to  be  marked 273 

Inspector  not  to  trade  in  oil 273 

Record  to  be  kept  by— open  for  examination 274 

Penalty  for  misconduct  in  office 275 

Penalties  on  dealers  in  oils 276 

How  fines  recovered  and  disposed  of 277 


Omnibus  Dbivebs— (See  Hacks,  etc.) 

Laws — 

Power  to  license,  tax  and  regulate [421  63 


Opening  of  Stbeets. 

L^aws— 

Proceedings  for 119 

Plats  of  to  be  recorded,  etc 285 


Okdinances. 

Laws— 

Prior  ordinances  in  force  after  change  of  organization 11 

Mayor  to  take  care  that  they  are  executed 24 

Revision  of  after  change  of  organization 29 

Yeas  and  nays  to  be  taken  on  passage  of 42 

Require  concurrence  of  majority  of  aldermen  elected 42 

Concerning  health  and  quai  antine— enforcement  of 45 

To  be  deposited  in  offic*-  of  city  clerk 47 

Take  effect  if  not  signed  by  mayor,  etc 47 

How  passed  over  veto 48 

General  power  of  council  to  pass [961  63 

Penalty  for  violating  not  to  exceed  ,$200. ..[96]  63 

Style  of 64 

Publication  of— when  to  take  effect 65 

Proof  of,  etc 66 

Suits  for  violating— hoAV  brought 67 

Action  for  violating -process,  etc 69 

Require  two-thirds  vote  of  council  to  create  an  office 74 

To  be  recorded  by  clerk 83 

Eyidence  of  passage  and  publication  of 83 

Making  annual  appropriations 90 

Leyying  tax 112 


109 

109 

110 
110 
110 
110 
110 
110 
111 
111 


38 

\ 


59 

113 


24 

27 

27 

29 

29 

29 

30 
30 
30 
43 
43 
43 
43 

43 

44 

44 

45 
48 
48 
50 
57 


506 


GENEEAL  INDEX. 


Oedinances.  Lato.s— Continued. 


Section.  Page 


For  making  local  improvement 

When  property  is  taken  for  improvement 

For  improvement  by  special  assessment 

For  building  or  renewing  sidewalk 

Arrest  and  imprisonment  for  violating 

For  annexation  of  territory  to  city,  etc 

For  disconnecting  territory  from  city 

Record  of  certified  by  city  clerk 

Justices  have  jurisdiction  for  violation  of 

To  be  deposited  in  office  of  city  clerk 

Items  contained  in  may  be  vetoed  by  mayor 

Passage  of  over  veto 

Salaries  of  officers  may  be  fixed  in  annual  appropriation 

Council  may  provide  by  for  uniting  certain  offices 

For  sewerage  contract  with  adjacent  city  or  village 

For  construction  of  sidewalks 

What  sidewalk  ordinance  may  provide— publication  of 

Council  may  pass  to  preserve  water- works  property 

Ordinances— 

City  attorney  to  draw  such  as  may  be  required,  etc 

To  be  duly  recorded  by  clerk  in  ordinance  book 

City  clerk  to  file  and  preserve  originals  of 

Cause  ordinances  making  appropriations  or  imposing  penal- 
ties to  be  published 

Memorandum  to  be  made  at  foot  of  record  of,  etc 

When  to  take  effect 

Revised  and  published  ordinances  to  be  deposited  with  city 

clerk 

Who  entitled  to  copies  of,  etc 

Repealed  to  continue  in  force  until,  etc 

Not  revived  by  repeal  of  repealing  ordinance 

Repeal  or  modification  of— saving  provision 

Construction  of  singular  and  plural  numbers,  etc 

When  provisions  of  different  conflict— how  construed 

How  the  words  “court.”  “month”  and  “oath”  to  be  construed... 

Meaning  of  “reasonable  time,”  “reasonable  notice,”  etc 

Power  vested  in  mayor  to  extend  to  mayor  pro  Jem,  etc 

When  different  penalties  provided  in  different  ordinances— 

how  prosecutor  may  proceed 

When  minimum  but  no  maximum  fine  fixed, the  court  may  im- 
pose not  exceeding  $‘200  

All  general  terms  and  phrases  to  be  liberally  construed  

General  ordinances  not  included  in  this  revision  repealed,  so 

far  as  they  conflict  with  same 

Special  ordinances  and  resolutions  not  repealed,  unless  repug- 
nant to  provisions  of,  etc 

Time  of  passage  of  the  general  ordinance 


118 

119 

134 

135 
197 
200 
211 
244 
255 
258 

258 

259 
201 
282 
317 

321 

322 
394 


115 

561 

562 


563 

564 

565 

566 

566 

567 

567 

568 

569 

570 

571 

572 

573 

574 

575 

576 

813 

814 

815 


59 

59 

62 

63 


81 

85 

102 

105 

106 
106 
106 
106 
112 
125 

127 

128 
152 


181 

‘291 

291 


291 

291 

291 


292 

292 

292 

292 

292 
‘292 
‘292 

293 
293 
293 

293 

293 

293 


362 


362 

362 


Oedinakies 

Laws— 

Power  to  license  and  regulate [411 

Ordinances— 

License  fee  fixed  for  keepers  of 

What  declared  to  be - 

Penalty  for  keeping  or  conducting  without  license 

When  connected  with  dram-shop  not  to  be  kept  open  on  Sun- 
day   


63  38 


424  257 

753  348 

754  348 

755  349 


P. 


Packing  Houses 
Laws. 

Power  to  direct  location  of  and  regulate 1811 


Ordinances— 

Not  to  be  established  within  one  mile  of  city  limits  without 

permission  of  council 

Penalty  for  failing  to  keep  premises  clean,  etc 

To  be  inspected  by  board  of  health— when 


63  41 


533  283 
533  283 
535  283 


GENERAL  INDEX. 


507 


Section.  Page 

Pana,  Speingfield  and  Nokthwesteen  Railed  ad  Co. 

Ordinance  granting  right  of  way  to.  etc 8:^3  373-4 

Passengees— (See  Vehicles.) 

Paetition  Fences  and  Paety  Walls. 

Laios— 

Power  to  regulate IG)1  63  39 

Paupees. 

Ordinances— 

Penalty  for  bringing  or  leaving  in  city 525  280 

Pawnbeokees. 

Laws— 

Power  to  license  and  regulate [411  63  38 

Ordinances— 

License  fee  prescribed  for 424  257 

Pawnbroker  defined 756  349 

Penalty  for  acting  without  license 757  .349 

Manner  of  applying  for  and  obtaining  license— fee  for 758  349 

To  keep  book  and  enter  loans  in.  etc 759  349 

Give  to  person  pawning  goods  memorandum  containing  sub- 
stance of  entry  in  book 760  350 

Book  and  articles  pawned  to  be  open  to  inspection,  etc 761  350 

Penalty  for  violating  certain  sections 761  350 

Not  to  take  property  in  pawn  from  minor 762  350 

Not  to  receive  articles  in  pawn  from  intoxicated  person  or 

known  thief— penalty 762  350 

License  to  may  be  revoked  for  cause 763  350 

Peddlees. 

Laws— 

Power  to  license,  tax,  regulate  and  prohibit [411  63  38 

Farmers  may  sell  produce  of  farms,  orchards,  vineyards  and 

gardens  without  license 256  105 

Ordinances 

License  fee  for 424  256 

Penalty  for  spiling  goods  without  license- exceptions 767  351 

Canvassing  for  books,  etc.,  deemed  peddling 768  351 

Regular  commercial  travelers  exempt  from  license 768  .352 

Penalty  for  being  guilty  of  fraud  or  deceit 769  352 

Not  to  enter  private  house  without  admission,  etc 770  352 

Not  to  vex  or  annoy  any  person— penalty 770  352 

Penalties. 

Laws— 

Misconduct  of  mayor  or  other  officer 28  27 

Ordinance  imposing  to  be  published 65  43 

Suits  for  recovering,  etc 67  44 

For  bribery,  etc 80  47 

On  foreign  insurance  companies Ill  56 

On  collector  for  failing  to  give  notice  of  special  assessment. . . 153  68 

For  returning  paid  tax  as  delinquent 157  69 

How  actions  brought  to  recover. 196  80 

For  selling  other  liquors  when  licensed  to  sell  only  malt  liquor  238  98 

On  officer  for  making  false  certificate 248  102 

On  officer  for  being  interested  in  contracts,  etc 266  108 

For  misconduct  of  oil  inspector 275  110 

How  recovered  and  disposed  of 277  111 

For  violating  law  in  regard  to  recording  of  plats 285  113 

For  violating  act  concerning  public  buildings 299  118 

For  running  locomotive  engine  at  prohibited  speed 301  119 

On  railroad  company  for  neglecting  to  place  flagman 302  120 

For  excluding  colored  children  from  public  schools 311  123 

To  enforce  labor  on  streets 328  131 

For  violating  rules  regulating  use  of  water  from  water- works  375  147 

For  violating  ordinances  concerning  the  water- works 394  152 


508 


GENERAL  INDEX. 


Penalties— Continued. 


Ordinances—  Section. 

For  opening  or  making  connection  with  public  sewer  without 

permit  from  city  engineer 82 

For  refusing  to  aid  police  officer  when  required 149 

On  member  of  police  force  for  violation  of  duty 151 

Suits  to  recover— before  whom  brought 160 

Magistrate  collecting  to  pay  into  city  treasury  on  or  before 

first  Monday  of  each  month  173 

Failing  to  pay— soit  to  be  brought,  etc 173 

May  be  worked  out  on  streets— how 190 

For  refusing  to  obey  order  of  board  of  health 221 

For  resisting  or  obstructing  health  inspector 241 

For  altering  city  weighers’  certificate 256 

For  trespassing  on  cemetery  grounds 270 

For  knowingly  permitting  animals  to  run  at  large 300 

For  carrying  on  business  without  license 426 

(See,  also,  Fines.  Commitments,  Executions.) 


Petboleum. 

Laws— 

Power  to  regulate  storage  of [651  63 

Physicians. 

Ordinances— 

Penalty  for  failing  to  report  contagious  disease  231 

Not  to  go  on  street,  after  attending  small  pox  patient,  without 

changing  apparel  232 

Sign  certificate  for  burial  permit 275 

Pin  Alleys— (See  Ball  Alleys.) 

Laws— 

Power  to  license,  regulate,  etc [441  63 

Pitch, 

Tjaws— 

Power  to  regulate [651  63 

Ordinances— 

Boiling  of  pitch,  etc.,  regulated 406 

Plats. 

Laws— 

Approval  of  by  council 174 

Of  highways,  streets,  etc.,  to  be  made  and  recorded 285 

Ordinances — 

City  engineer  to  keep  of  grades,  etc.,  of  streets 81 

City  engineer  to  keep  of  sewerage  districts 598 


Plumbebs— (See  Water-Works.) 

Poisons, 

Ordinances— 


Sale  and  delivery  of  regulated 236 

Police  Depabtment. 

Ordinances — 

Established  124 

Of  what  officers  composed 124 

Police— [See  Superintendent  of  Police.) 

Laws— 

Power  to  regulate  and  prescribe  duties  of  [66,671  63 

Conservators  of  the  peace 1 84 

Power  to  make  arrests  and  execute  warrants 84 

May  be  assessed  for  relief  fund 291 


Page 

174 

188 

188 

191 

192 

193 
197 
205 


212 

216 

225 

258 


40 


206 


207 

217 


38 


40 

251 


74 

113 


173 

300 


207 


184 

184 


40 

48 

49 
115 


GENERAL  INDEX. 


509 


Police— Continued. 

Ordinances—  Section.  Page 

Office  of  sergeant  of  police  created 136  186 

How  and  when  appointed 137  186 

Bond  of 138  186 

shall  be  secretary  of  police  department 139  186 

Perform  such  other  duties  as  may  be  required 139  186 

May  exercise  duties  of  superintendent— when  140  186 

Police  patrolmen— how  and  when  appointed 141  186 

Oaths  and  bonds  of 142  187 

How  assigned  to  duty 143  187 

Mayor  may  detail  any  of  for  special  duty 143  187 

Special  policemen— manner  of  appointing  144  187 

General  duties  of  the  police 145  187 

Power  to  make  arrests  with  or  without  process  146  187 

To  execute  city  warrants  or  other  legal  process  147  187 

Vested  with  the  powers  of  constables 147  187 

May  execute  process  without  city  limits— when 148  188 

May  call  for  assistance  in  making  arrests 149  188 

Penalty  for  refusing  to  aid  or  assist - 149  188 

Members  of  the  force  to  aid  the  fire  department 150  188 

Neglecting  or  refusing  to  perform  duty— penalty 151  188 

Penalty  for  resisting  or  obstructing  police  officer  152  188 

Penalty  for  falsely  impersonating  officer 153  188 

Draymen,  hackmen,  etc.,  to  obey  commands  of 154  189 

Members  of  police  force  to  be  uniformed 155  189 

Of  what  uniform  to  consist 155  189 

Supplied  with  star  or  badge,  etc 156  189 

Deliyer  effects  to  superintendent  upon  ceasing  to  be  an  officer  157  189 

May  receive  salary  when  disabled 158  189 

Watchmen  for  railroad  duty,  etc 159  189 

Make  complaint  before  magistrate 161'  190 

May  take  recognizance  of  person  arrested 167  191 

Attend  as  witnesses  in  police  courts 170  192 

Furnish  city  attorney  with  list  of  witnesses 170  192 

Report  collections  on  executions  to  magistrate 175  193 

Deliver  person  failing  to  pay  fine  to  prison  keeper 180  194 

Duty  of  at  fires 213  202 

Enforce  provisions  relating  to  health 235  207 

Aid  and  assist  health  inspector 243  209 

Mayor  may  designate  to  perform  the  duties  of  inspector 244  209 

Duty  of  to  take  up  animals  unlawfully  at  large 301  225 

May  destroy  dogs  unlawfully  at  large .324  230 

Preserve  order  at  elections 346  234 

Fees  allowed  to  for  serving  process 363  238 

Fees  of,  when  collected,  to  be  paid  into  city  treasury 363  238 

Enforce  provisions  of  ordinance  relating  to  fires,  etc 413  252 

Enforce  ordinances  in  relation  to  licenses 442  262 

Enforce  provisions  relating  to  retailers  of  liquors 460  267 

Penalty  for  wearing  star  of  without  due  authority 554  M . 288 

May  order  removal  of  obstructions  on  sidewalks 622  306 

May  order  streets  cleared  when  obstructed  by  teams  644  312 

When  may  order  drivers  of  licensed  vehicles  from  public  stand  679  322 

May  order  the  removal  of  unlawful  signs,  etc. 791  357 

(See,  also.  City  Prison  Keeper.) 

Police  Magisteates. 

Laws — 

Jurisdiction  of  in  cases  arising  under  ordinances 70  45 

Election  of  and  term  of  office. 287  114 


Ordinances— 

Suits  may  be  brought  before  for  violating  ordinances 161  190 

Issue  summons  against  incorporated  company 162  190 

No  process  necessary  when  defendant  legally  arrested 163  190 

To  docket  city  cases 163  191 

May  allow  amendments  as  in  other  cases 164  191 

When  name  of  defendant  unknown— how  may  designate 165  191  ' 

When  true  name  is  known  to  be  placed  on  docket 165  191 

In  case  of  continuance  may  require  defendant  to  give  bond,  etc  166  191 

Person  arraigned  before  may  have  trial  by  jury 169  192 

Police  to  furnish  list  of  witnesses  to 170  192 

May  award  judgment  for  costs  against  complainant  when  pro  • 

secution  malicious 171  192 

How  execution  issued  in  such  case 171  192 

To  make  monthly  reports  of  fines  assessed  to  council 172  192 


510 


GENERAL  INDEX. 


Police  Magistbates.  Ordinances— Continued.  Section.  Page 

To  pay  moneys  collected  on  account  of  city  into  treasury  on 

or  before  first  Monday  in  each  month 173  192 

Liability  of  in  case  of  failure  to  pay  over 173  193 

When  council  may  direct  suits  brought  elsewhere 174  193 

Police  officers  to  report  collections  on  executions  to— when. . . 175  193 

Concerning  persons  ordered  committed  by  for  non-payment 

of  fine  or  penalty 180  194 

(See,  also,  Justices  of  the  Peace.) 

Police  and  Firemen’s  Relief  Fund. 

Laws— 

How  fund  created 289  114 

Mayor,  etc.,  trustees  of  fund 290  115 

Board  to  control  fund 291  115 

Treasurer  to  give  bond  for, 292  116 

Warrants  drawn  on  treasurer 293  116 

Permanent  disability,  death,  annuity 294  117 

Who  may  obtain  benefits  of 295  117 

How  money  paid  out 296  117 

Porters  and  Runners. 

Laws— 

Power  to  license  and  regulate 142-431  63  38 

Ordinances— 

Amount  of  license  fee  to  be  paid  by 424  251 

Penalty  for  pursuing  the  calling  of  without  license 771  352 

Fee  for— bond  required  of 771  352 

Keepers  of  hotels  may  take  out  license  for 772  352 

No  two  persons  to  act  under  one  license,  etc 772  352 

To  wear  badge  with  name  of  hotel  thereon 773  353 

Penalty  against,  for  misconduct,  etc 774  353 

Poultry. 

Laws— 

Power  to  regulate  sale  of (501  63  39 

Power  to  regulate  inspection  of [531  63  39 

Ordinances— 

Penalty  for  selling  diseased,  etc — 234  207 

Pounds— (See  Domestic  Animals.) 

Laws— 

Power  to  establish [801  63  41 

Powers. 

Laws  — 

Of  city  officers  after  change  of  organization 3 22 

Of  cities  organized  under  general  law 10  24 

Of  mayor  pro  tern 18  26 

General,  of  city  council 63  34 

Printing. 

Laws — 

Power  to  provide  for  letting  by  contract L94i  63  43 

Privies. 

J^aws— 

Power  to  compel  owners  of  to  clean [841  63  42 

Power  to  regulate  location  of [841  63  42 

Ordinances— 

Health  inspector  to  cause  to  be  cleansed 240  208 

Construction  and  location  of  regulated 5.39  285 

When  offensive  or  unwholesome  a nuisance 540  285 

Penalty  for  refusing  to  abate  after  notice 540  285 

Between  what  hours  to  be  cleaned  or  empted 541  285 


GENERAL  INDEX.  511 

Peocess. 

Lams—  Section.  Pago 

Suits  for  violating  ordinances— how  brought 67  44 

Summons  first  to  be  issued 69  44 

Warrant  may  issue  first,  upon  affidavit,  etc 69  44 

Constable  or  sheriff  may  serve 71  45 

Policemen  may  serve  and  execute 84  49 

Summons  in  condemnation  suit 122  59 

Warrant  may  issue  for  violation  of  ordinance 197  81 

Ordinances— 

Police  officers  to  serve  and  execute  within  city 147  187 

When  policemen  may  execute  without  city  limits 148  188 

Peostitutes— (See  Vagrants.) 

Laws— 

Power  to  restrain  and  punish [741  68  41 

Peovisions. 

Laws — 

Power  to  regulate  sale  of [501  63  39 

Power  to  regulate  inspection  of [531  63  39 

( h (linances — 

Penalty  for  selling  unsound  or  unwholesome 234  207 

Public  Buildings. 

Laws— 

Doors  of  to  open  outward,  etc 298  118 

When  may  be  closed 800  118 

Ordinances— 

Construction  of,  with  reference  to  doors,  regulated 507  276 

Penalty  against  owners  of,  for  failure  to  comply 507  277 

Publication. 

Laws— 

Of  ordinances  in  newspapers,  etc 65  43 

Of  ordinances  in  book  or  pamphlet  form 66  43 

Proof  of 66  43 

Of  ordinance  for  construction  of  sidewalk 322  128 

Public  Peace. 

Ordinances— 

Offenses  affecting 270 

Public  Moeals. 

Ordinances— 

Offenses  against 272 

Public  Safety. 

Ordinances 

Offenses  affecting 275 

Public  Peopeety. 

Laws— 

Vote  required  to  sell 42  29 

Power  of  council  to  control [11  63  34 

Ordinances— 

Offenses  concerning  public  and  private  property 277 

Public  Woeks— (See  Contracts  for  Public  Works.) 


512 


GENERAL  INDEX. 


Quarantine. 

Laws— 


Q. 


Jurisdiction  of  council  for  enforcing  regulations  of.. 


Quorum. 

Laws— 

Of  city  council— what  shall  constitute 


Section.  Page 
45  2!» 


89  29 


R. 


Railroads. 

Laws— 


Power  to  change  location,  grade,  etc.,  of [251  63 

Power  to  require  fencing  of,  etc [261  63 

When  liable  for  damages  to  domestic  animals [261  63 

Power  to  require  flagmen  to  be  kept  by [27!  63 

To  raise  or  lower  track  to  conform  to  grade  of  street [271  .63 

To  keep  open  and  in  repair  ditches,  culverts,  etc [271  63 

Tracks  of  to  be  laid  in  street  only  on  petition,  etc 190]  63 

Speed  through  cities— damages .301 

Flagmen— shelter 302 


Ordinances— 

Companies  to  raise  or  lower  tracks  when  required 577 

To  keep  tracks  on  level  with  street  surface 577 

To  keep  open  and  in  repair  suitable  drains,  etc 577 

Penalty  for  failing  to  comply,  after  notice 577 

To  build  or  repair  crossing,  culvert,  etc.,  when  required 578 

In  case  of  failure,  city  may  construct,  etc 579 

When  street  ordered  paved,  duty  of  railroad  company 579 

To  keep  lights  or  flagman  at  street  crossing,  when  required  580 
Not  to  obstruct  street  or  crossing  by  stopping  or  leaving 

locomotives  or  cars  thereon— penalty 581 

Whistle  of  locomotive  not  to  be  sounded  in  city— exceptions  582 

Speed  of  trains,  within  city,  regulated 583 

Bell  of  locomotive  to  be  rung  continually,  etc 584 

Trains  running  at  night  to  have  lights.. 584 

Penalty  against  company  failing  to  comply 584 

Discharge  of  steam  from  locomotive  engines  regulated 585 

Right  of  way  to  Alton  and  Sangamon  Railroad  Company  on 

Third  street 831,832 

Right  of  way  to  Pana,  Springfield  and  Northwestern  Rail- 
road Company 833 

Right  of  way  to  Springfield  and  Illinois  Southeastern  Rail- 
way Company  upon  west  Madison  street 834-5 

Right  of  way  to  Springfield  and  Illinois  Southeastern,  Gil- 
man, Clinton  and  Springfield,  and  Springfield  and  North- 
western Railway  Companies,  on  Madison  street 836-852 

Right  of  way  to  Springfield  and  Illinois  Southeastern,  and 
Springfield  and  St.  Louis  Railroad  Companies,  on  part 

of  East  Grand  Avenue 857-865 

Right  of  way  to  Illinois  Central  Railroad  Company  for  two 

side-tracks  across  Seventh  and  Eighth  streets 867-870 

Right  of  way  to  Ohio  and  Mississippi  Railway  Company  for 

side-track  on  part  of  west  Madison  street 871-876 

(See,  also.  Horse  Railroads.) 


36 

36 

36 

36 

36 

37 
42 

119 

120 


294-362^4 

294-362J4 

•294-362J4 

294- 362^ 

294 

295- 362i4 
295-362i4 

295 

295 

296 
296 
296 
296 
296 
296 

372-3 

373 

375 


376-379 


380-383 

383-4 

385-388 


Rates  or  Fare. 
Ordinances — 


For  carrying  passengers  in  licensed  vehicles  regulated 663  317 

For  carrying,  goods  or  merchandise  regulated 671  320 


GENERAL  INDEX. 


513 


Real  Peopeety. 

Laws—  Section.  Page 

Right  of  city  to  hold 10  24 

Reconsideeation  of  Vote. 

Laws— 

Not  to  be  done  at  special  meeting  unless,  etc 43  29 

On  ordinance  when  vetoed. 48  30 

On,  ordinance  vetoed 258  106 

Recoeds. 

Laws— 

Canvass  of  election  returns  on  organization  to  be  entered  on.  3 22 

City  clerk  to  keep  of  proceedings  of  council,  etc 82  48 

Copies  of,  certified  by  clerk,  to  be  evidence 82  48 

Of  cities— how  certified 244  102 

What  certificate  of  to  contain 245  102 

Sworn  copies  of 247  102 

Of  oil  inspector 274  110 

Of  board  of  trustees  of  police  and  fire  relief  fund 291  116 

Of  vote  of  council  for  vacating  street 329  131 

Of  cemetery 351  140 

Of  proceedings  of  water  commissioners 377  147 

Recoveey. 

Laws— 

Of  penalty  under  one  ordinance  no  defense  to  any  other  pros- 
ecution, etc 196  80 

Redemptions. 

Laws— 

From  tax  sale  on  special  assessment.. ' 159  7-0 

Registeation. 

Laws— 

Of  municipal  bonds 219  89 

Of  bonds  in  auditor’s  office 223  92 

Of  electors  for  municipal  elections. 242  101 

Release. 

Laws— 

Of  surety  on  official  bond 228  91 

Religious  Assembly. 

Ordinances — 

Penalty  for  interrupting  01  disturbing 475  271 

Penalty  for  disturbing  on  Sunday 518  279 

Rendeeies. 

Laws— 

Power  to  regulate,  etc •. [81]  63  41 

Repoets  of  Committees. 

Laws— 

To  be  deferred  upon  request  of  any  two  aldermen 44  29 

Repoets  Requieed. 

Laws— 

From  mayor  on  removal  of  officer 21  26 

Of  fees  received  by  officers 87  50 

Of  city  treasurer 96,98  52 

Of  city  collector 102  53 

Of  city  comptroller 105  54 

Of  board  of  education 357  141 

Of  water  commissioners 378  147 

—33 


514 


GENERAL  INDEX. 


Repoets  Requieed— Continued. 

Ordinances—  Section.  Page 

Of  city  comptroller 45,46  166 

Of  city  treasurer ; 57,58  169 

Of  city  collector 64,65  170 

Of  finance  committee 70  171 

Of  city  engineer : 83  174 

Of  city  superintendent  of  streets 95  176 

Of  city  attorney 120  182 

Of  city  superintendent  of  police 134  185 

Of  police  magistrates  and  justices 172  192 

Of  city  prison  keeper 183  195 

Of  the  fire  marshal 203  201 

Of  city  weigher 252  212 

Of  inspector  of  weights  and  measures 263  214 

Of  city  clerk  on  burial  permits  issued 276  218 

Of  superintendent  of  police  concerning  dogs  registered 322  230 

Of  superintendent  of  police  concerning  fees  received 368  239 

Of  city  clerk  concerning  fees  received 371  240 

Of  city  clerk  concerning  licenses  issued 439  261 

Of  board  of  water  commissioners 690  326 

Of  agents  of  foreign  insurance  companies  to  comptroller 749  347 

Resignations. 

Laws— 

To  whom  made 267  108 

Create  vacancy  in  office L2]  268  108 

Resin. 

Laws— 

Power  to  regulate  storage  of [651  63  40 

Resolutions. 

Laws— 

Prior  in  force  until,  etc 11  24 

When  take  effect 65  43 

Reval  Steeet. 

Resolution  for  changing  name  of  to  Pasfield  street 406 

Revised  Oedinances. 

Ordinances — 

To  be  deposited  in  office  of  city  clerk,  etc 566  292 

Riots. 

Laws— 

Power  to  prevent  and  suppress [721  63  41 

Ordinances— 

Penalty  against  person  for  riotous  conduct 477  271 

Roofs— (See  Buildings.) 

Runnees— (See  Porters  and  runners.) 

Laws— 

Power  to  license  and  regulate [431  63  38 


GENERAL  INDEX. 

S. 


Salaries. 


Laws—  Section. 

Of  mayor  not  to  be  changed  during  term  of  office 85 

Of  aldermen  not  to  be  changed,  etc 86 

Of  aldermen  not  to  exceed  three  dollars  for  each  meeting 86 

Of  other  officers,  when  once  fixed,  not  to  be  changed,  etc 87 

Of  city  officers,  except  aldermen,  may  be  fixed  in  annual  ap- 
propriation ordinance 261 

Not  to  be  increased  or  diminished  during  term 261 

Of  water  commissioners  to  be  fixed  by  council 392 

(See,  also,  Fees  and  Salaries.) 


Saloons— (See  Liquors  and  Liquor  Sellers.) 
Scaffolds. 

Ordinances — 


When  insecure  or  unsafe  deemed  a nuisance 538 

Penalty  for  erecting  or  using  dangerous. 538 

Scales— (See  City  Weigher.) 

Laws— 

Power  to  license  and  regulate  public [91)  63 

Ordinances— 

License  fee  fixed  for  keepers  of  public 424 

Scavengers. 

Ordinances  — 

Penalty  for  pursuing  occupation  of  without  license 775 

Mayor  authorized  to  grant  license  for  removing  garbage,  offal, 

rubbish  and  ashes 776 

Amount  of  license  fee  and  bond  required  of 777 

Business  of  regulated 778 

Rates  authorized  to  be  charged  by  person  licensed 779 

Vehicle  used  by  to  be  numbered  with  number  of  license 780 

License  to  may  be  revoked,  etc. . : 781 

Schools. 

Laws— 

School  tax— amount  authorized  to  be  levied  for i 309 

Colored  children  not  to  be  excluded  from 310 

Penalty  for  excluding 311 

Act  to  provide  for  appointment  of  school , directors,  etc.,  in 

certain  eases 312-3^5 

(See,  also.  Board  of  Education.) 

School  Property. 

Laws— 

Two-thirds  vote  of  all  the  aldermen  required  to  sell 42 

Consent  of  city  council  required  to  purchase,  lease  or  sell 354 

Scuttles. 

Ordinances— 

When  owner  of  building  to  provide 391 

Seal— (See  Corporate  Seal.) 

Laws— 

Power  of  city  to  adopt  and  change 10 

City  clerk  to  keep 82 

Certified  copies  of  papers  under 82 

Board  of  water  commissioners  to  have — , 362 

Ordinances— 

Corporate,  adopted,  etc 743 

Uses  of 744 


515 


Page 

49 

49 

49 

49 

106 

107 

152 


284 

284 


42 


257 


353 

353 

353 

354 
354 
354 
354 


122 

123 

123 

123-125 


29 

140 


246 


24 

48 

48 

142 


345 

345 


516 


GENERAL  INDEX. 


Second-Hand  and  Junk  Stoees. 


Laws—  Section. 

Power  to  tax,' license  and  regulate ‘ L95]  63 

Ordinances — 

License  fee  fixed  for  keepers  of 424 

Penalty  for  carrying  on  business  of  -without  license 782,783 

Manner  of  applying  for  and  procuring  license 784 

Keepers  of  allowed  to  use  one  or  more  vehicles  785 

Number  of  license  to  be  affixed  to  vehicles  used 785 

Removing  place  of  business— to  notify  clerk,  etc 786 

Not  to  purchase  goods  or  articles  of  minors  without  consent 

of  parent  or  guardian— exception 787 

Lost  or  stolen  goods  received  by  to  be  given  up  on  demand, 

etc.— penalty  for  refusing — 788 

To  keep  book  and  enter  in  description  of  articles  purchased. . . 789 

To  enter  therein  name  and  residence  of  persons  from  whom 

purchases  made 789 

Book  to  be  open  to  inspection,  etc.— penalty 789 

Secretaey  oe  Police  Department. 

Ordinances— 

Sergeant  of  police  to  be— duties  of 139 

Service  Boxes. 

Ordinances— 

Of  gas  company— fine  for  defacing  or  injuring 514 

Sewers  and  Drains.  * 

Laws— 

Power  to  construct  and  keep  in  repair [291  63 

Power  to  regulate,  etc [57J  63 

Power  to  compel  cleaning  of [841  63 

Power  to  construct  through  railroad  land [891  63 

Adjacent  or  contiguous  cities,  etc.,  may  contract  for 316 

How  contract  for  made  by  contiguous  cities,  etc 317 

Sewerage  fund  tax— how  levied  and  collected 318 


Page 

43 


257 

354-5 

355 

355 

355 

355 

355 

356 
356 

356 

356 


186 


278 


37 

39 

42 

42 

125 

125 

126 


Ordinances— 

Manner  and  material  of  construction 

To  build  with  reference  to  being  extended 

Openings  and  inlets  for  surface  drainage 

To  be  constructed  and  laid  in  center  of  street 

Drainage  of  private  property  into  effected  by  lateral 

Construction  of  lateral  sewers  regulated 

Duty  of  city  engineer  to  keep  maps,  etc 

Connection  of  private  with  public  sewers  not  to  be  made  with- 
out written  consent  of  engineer— penalty 

Openings  into  not  to  be  used  for  conveying  off  steam 

Penalty  for  throwing  garbage,  offal,  etc.,  into 

Penalty  for  defacing,  in  jurying  or  obstructing 

Penalty  for  changing  or  filling  up  natural  drain 

City  engineer  to  make  survey  of  when  required 

No  connection  allowed  with  sewers  outside  city  limits,  except 
by  two-thirds  vote  of  the  council,  etc 

Sexton. 

Ordinances— 

Of  Oak  Ridge  Cemetery— appointment  of 

Duties  of 

(See,  also.  Oak  Ridge  Cemetery.) 


593  299 

594  299 

595  299 

596  300 

597  300 

597  300 

598  300 

599  300 

600  300 

601  300 

602  300 

603  301 

604  301 

605  301 


291  222 

292  222 


Sheds. 

Ordinances— 

Construction  of,  in  fire  limits,  regulated 379  243 

Shows— (See  Amusements,  also  Licenses.) 

Laws— 

Power  to  license  and  regulate 1411  63  38 


GENERAL  INDEX. 


517 


Show  Bills. 

Ordinances—  ' Section.  Page 

Penalty  for  posting  on  buildings,  etc. , without  consent 511  278 

Sidewalks. 

Laws— 

Power  to  lay  out,  establish,  etc [71  63  35 

Power  to  regulate  use  of,  etc [141  63  35 

Power  to  regulate  traffic  and  sales  upon [201  63  36 

Owner  of  lot  may  build,  and  relieve  land  from  assessment  for.  135  63 

May  be  built  by  special  taxation,  etc 321  127 

What  ordinance  for  to  provide 322  128 

In  case  owner  neglects  to  construct,  etc 323  128 

Special  tax— duty  of  city  clerk— report 324  129 

General  officer  to  obtain  judgment  against  lots  for  special 

tax  remaining  unpaid 325  130 

When  constructed  by  owner  of  property,  etc 326  130 

Ordinances— 

Width  of  regulated 610  303 

Council  to  establish  grades  for 611  303 

City  engineer  to  give  temporary  grade 611  303 

Not  to  be  constructed  where  no  grade  established..,. 612  303 

Not  to  be  constructed  contrary  to  grade— penalty 612  304 

To  be  constructed  of  stone  or  brick  in  fire  limits 613  304 

Construction  of  regulated— curbing 614  304 

Superintendent  of  streets  to  supervise  construction  of 614  304 

Not  to  be  railed  off  or  raised  up  near  building  615  304 

Entrances  in,  to  cellars  or  basements,  regulated 615  304 

Not  to  be  buiit  beyond  established  width 616  305 

No  smooth  glass  or  metal  to  be  inserted  in 616  305 

Construction  of  vaults  or  coal  holes  under  to  be  supervised  by 

street  superintendent,  etc ’ 617  305 

Out  of  repair  so  as  to  endanger,  etc.,  a nuisance 618  305 

Owner  of  lot  or  adjacent  premises  to  repair  defects  in 619  300 

Lot  owner  liable  in  case  of  judgment  against  city  on  account 

of  defective 619  305 

Steps  or  other  fixture  not  to  extend  upon  more  than  three 

feet 620  305 

Stairs  from  to  second  story  of  building  regulated 620  306 

Costruction  of  cellar  doors  and  grating  in  regulated 620  306 

Goods  and  merchandise  not  to  set  out  upon  more  than  three 

feet  from  building— penalty 621  306 

Not  to  be  unnecessarily  obstructed  in  receiving  or  delivering 

merchandise,  etc.— penalty 622  306 

Penalty  for  leaving  team  so  as  to  obstruct 623  307 

Penalty  for  permiting  water  from  roof  to  spread  over 624  307 

Iron  rings  or  hitching  posts  to  be  placed  at  curb  of 625  307 

Penalty  for  riding  or  driving  over— exception 626  307 

Snow  and  other  obstructions  to  be  removed  from 627  307 

When  owner  of  property  adjoining  on  deemed  guilty  of  main- 
taining a nuisance 627  308 

Signs. 

Laws — 

Power  to  regulate • 1171  63  36 

Power  to  regulate  and  prevent  from  fiying  of  across  streets.[191  63  36 


Ordinances— 

Penalty  for  injuring  or  removing 509  277 

Not  to  project  from  wall  or  building  more  than  three  feet  into 

street  or  over  sidewalk 790  356 

Construction  and  placing  of  regulated 791  357 

Penalty  for  permitting  unlawful  sign  to  remain 791  357 

Erection  of  barbers’  poles,  ( tc,  on  sidewalks  regulated 792  357 

Posting  of  hand  or  show  bills  on  premises  without  consent  of 
« owner  or  occupant  prohibited 793  357 

Slaughtee  Houses— (See,  also.  Packing  Houses.) 

Laws— 

Power  to  regulate,  etc [811  63  41 


518 


GENERAL  INDEX. 


Slaughter  Houses— Continued. 

Ordinances—  ' Section.  Page 

Establishment  of  within  city  prohibited 533  283 

Consent  council  required  to  establish  in  one  mile  of  city  limits  533  283 


Soap  Factories. 

Laws— 

Power  to  direct  location  of  and  regulate rSll  63  41 

Ordinances— 

Established  in  city  deemed  a nuisance 534  283 

Consent  required  to  establish  within  one  mile  of  city  limits. . . 534  283 


Special  Assessments. 

Laws— 

Moneys  received  on  to  be  kept  as  a special  fund,  etc 100  53 

Power  to  make  local  improvements  by... 117  58 

Ordinance  for  improvement 118  59 

When  property  is  taken 119  59 

Petition  for  compensation  for  damages 120  59 

Form  of  petition 121  59 

Summons,  publication,  notice 122  59 

Hearing  on  petition— jury 123  60 

How  compensation  ascertained,  etc 124  60 

Viewing  premises,  ownership,  etc 125  60 

Judgment,  new  parties,  other  proceedings ..  126  60 

Powers  of  the  court 127  61 

Ownership— further  powers  of  court  128  61 

Persons  under  disability 129  61 

Judgment,  effect,  appeal,  etc 130  61 

Order  for  possession 131  62 

When  improvement  is  made  by  special  taxation 132  62 

How  levied  and  collected 133  62 

How  made  by  special  assessment 134  62 

Ordinance  for— owner’s  rights 135  63 

Estimate  of  cost 136  63 

Order  for  proceedings  in  court 137  63 

Petition  to  court 138  63 

Appointment  of  commissioners— oath 139  63 

Duty  of  commissioners 140  64 

Assessment  roll— return 141  64 

Notice  by  mafl,  posting  and  publication 142  65 

Proof  of  notice 143  65 

Continuance  when  notice  not  in  time 144  66 

Objections— judgment  by  default 145  66 

Hearing— jury 146  66 

Precedence 147  66 

Court  may  modify  assessment,  etc 148  66 

Judgment  several,  appeal,  etc.— lien 149  67 

Judgment  and  assessment  roll  to  be  certified  to  city  clerk 150  67 

Form  of  warrant 151  67 

Collector’s  notice,  form  of 152  67 

Manner  of  collecting,  entry  of  payment 153  68 

Report  of  delinquent  list  to  county  collector,  etc 154  68 

Application  for  judgment,  what  laws  govern 155  69 

Return  of  sales— redemption. 156  69 

Penalty  when  lands  are  sold  for  taxes 157  69 

Paying  over— compensation 158  69 

General  revenue  laws  apply 159  70 

City  or  village  may  buy  in 160  70 

When  assessment  set  aside,  new  warrant 161  70 

Supplemental  assessment • 162  70 

New  assessment  against  delinquents— lien,  etc 163  70 

Contracts  payable  from  assessments 164  71 

How  contracts  let— approved 165  71 

Lien  of 166  72 

Collection  by  suit 167  72 

Supplemental  petition  to  assess  benefits  in  condemnation 

case 168  72 

Adoption  of  article  concerning 169  73 

City  may  buy  in  at  sale,  etc 365  121 

For  sidewalks 3J1  127 


GENERAL  INDEX. 


519 


Special  Assessments— Continued. 

Ordinances—  Section.  Page 

Comptroller  authorized  to  bid  for  city,  at  sales  to  enforce  col- 
lection of 43  166 

Duty  of  city  collector  for  collecting 62-64  170 

Contracts  to  be  paid  for  by— how  let... 99  177 

(See,  also.  Contracts  for  Public  Works,) 

Special  Bail. 

Ordinances— 

How  may  be  taken 191 

Proceedings  in  case  of  failure  to  appear,  etc 168  191 

Special  Elections. 

Laics— 

Power  to  call 61,62  33 

Spkingfield. 

City  of  named 340  136 

Springfield  and  Illinois  Southeastern  Railway  Co. 

Ordinance  giving  right  of  way  to  on  Madison  street  and  Salome 

avenue : 834  375 

Springfield  and  Illinois  Southeastern,  and  Springfield 
AND  St.  Louis  Railroad  Companies. 

Ordinance  granting  right  of  way  to  on  part  of  East  Grand 

Avenue 857-866  380-383 

Springfield  City  Horse  Railway  Company. 

Ordinance  authorizing  construction  and  operation  of  railway 

track  on  certain  streets 884-892  390-1 

Springfield  Iron  Company. 

Ordinance  granting  right  of  way  to  for  railroad  switch  across 

North  Grand  Avenue  and  Water- Works  land 944  403 

/ Springfield  Steam  Supply  and  Electric  Light  Co. 

Ordinance  granting  use  of  streets  to  for  laying  pipes  and 

erecting  wires 946-951  403-405 

Stables. 

Ordinances— 

Use  of  lights  in  regulated 401  250 

liivery— when  a nuisance 531  282 

Stands  for  Vehicles— (See  Vehicles.) 

Star. 

Ordinances— 

To  be  worn  by  police 155  189 

To  be  delivered  up  on  expiration  of  term  of  office 157  189 

Steam  Boilers. 

Laws— 

Power  to  provide  for  inspection  of [771  53  40 

Steam  Works. 

Ordinance  in  relation  to  erection  and  use  of  within  the  fire 

limits 952-954  405-6 


520 


GENEKAL  INDEX. 


Stones. 

Ordinances—  ' Section,  Page 

Not  to  be  thrown  into  any  public  place,  or  at  any  house 478  271 

Not  to  be  thrown  from  or  into  any  street,  etc 510  277 

Stoves  and  Stove  Pipes. 

Laws— 

Power  to  prevent  dangerous  condition  of,  etc [631  63  40 

Ordinances — 

Setting  up  and  use  of  regulated 393  247 

Steaw. 

Ordinances— 

Stacking  or  depositing  of  near  buildings  regulated 409  252 

Stkeets  and  Alleys. 

Laws— 

Powers  of  council  concerning [7-131  63  35 

Power  to  regulate  and  prevent  flying  of  flags,  etc.,  across. . . [19]  63  36 

Power  to  regulate  traffic  upon [201  63  36 

Power  to  name  and  change  names  of 123]  63  36 

Power  to  extend  over  or  across  railroad  land [891  63  42 

Power  to  authorize  laying  of  railroad  track  in [90]  63  42 

Council  may,  by  ordinance,  require  labor  on 72  45 

Labor  and  commutation  for  labor  on 327  131 

Vacation  of 329  131 

Rights  of  adjoining  owners  when  vacated 320  132 

Power  of  water  commissioners  to  lay  pipes  in 368  144 

Ordinances— 

Duty  of  city  engineer  in  relation  to 78,79  173 

Street  superintendent  to  have  charge  of  repairs  on  and  clean- 
ing of  88-90  175 

Disposition  of  surplus  earth  from : 109  180 

Prisoners  may  be  compelled  to  work  upon 190  197 

Penalty  for  making  Are  upon  paved 402  250 

Speed  of  horses  and  other  animals  in  regulated 500  275 

Meeting  of  persons  riding  or  driving  in  regulated 502  276 

Removal  of  stone  or  stake  at  corner  of— penalty 517  278 

Stopping  of  street  ears  on  regulated 591  298 

Construction  of  sewers  in 596  300 

Laying  of  gas  or  water  pipes  in 607  302 

Excavations  in  not  to  be  made  without  authority,  etc 628  309 

Persons  making  excavations  in  to  All  up  and  repair 629  309 

Contractors  or  officers  making  excavations  in  to  protect  by 

lights,  etc.,  in  night  time 630  310 

Penalty  for  digging  or  removing  earth  from,  etc 631  310 

Inclosures,  bridges  or  buildings  not  to  extend  upon  or  over. . . 632  310 

Penalty  for  erecting  buildings,  etc.,  on  line  of  without  having 

the  proper  line 633  310 

Contractors  or  builders  not  to  obstruct  without  permit 634  310 

When  persons  building  in  front  of,  etc.,  to  give  bond 635  311 

Buildings  or  fences  encroaching  upon  not  to  be  rebuilt 636  311 

Owners  of  buildings  encroaching  upon  to  remove  same  after 

notice— penalty  for  neglect,  etc 637  311 

Buildings  not  to  be  removed  through  without  permit 638  311 

Liability  of  persons  placing  or  leaving  obstructions  on 639,640  312 

Penalty  for  leaving  teams  in,  before  private  houses,  etc 641  312 

Penalty  for  unhitching  or  leaving  teams  on  paved— exceptions  642  312 

Penalty  for  obstructing  crossings  of 643  312 

When  obstructed  by  press  of  teams,  police  to  clear 644  312 

Persons  owning  lots  adjoining,  to  keep  same  clean,  etc 645  313 

Cellars,  vaults,  etc.,  adjoining,  not  to  be  left  open— liability  for  646  313 

Not  to  be  obstructed  by  merchandise,  etc 647  313 

Penalty  for  throwing  ashes  or  filth  upon  — 648  313 

Names  of  to  be  placed  on  public  street  lamps 650  314 

Drivers  of  licensed  vehicle  not  to  stop  on,  etc.,  except  at  regu- 
lar stand 677  321 

Not  to  be  obstructed  by  auctioneers 371  341 

Barbed  wire  fences  on  line  of  prohibited 766  351 

Setting  of  telegraph  and  telephone  poles  in  to  be  under  super- 
vision of  mayor,  etc 796  358- 

Planting  of  trees  on  line  of  regulated 798  358 


GENERAL  INDEX.  5'21 


Street  Lights. 

Laws—  Section.  Page  • 

Power  of  council  to  provide  for  lighting  streets ill  I 63  35 

Ordinances— 

Penalty  for  breaking  or  defacing  street  lamp  or  post 512  278 

Penalty  for  climbing  upon  or  fastening  horse  to  lamp-post 513  278 

Council  may  order  erection  of  street  lamps 649  314 

Not  to  be  erected  without  provision  made  for  expense  of.  649  314 

To  be  inspected  before  being  lighted  at  cost  of  city 650  314 

Committee  on  gas  lights  to  have  names  of  streets  placed  on..  650  314 

Company  having  contract  to  light  public  lamps,  to  keep  them 

in  repair  and  properly  lighted,  etc 651  314 

To  be  lighted  at  twilight  and  kept  burning  till  day  dawn 651  314 

Duty  of  mayor  and  gas-light  committee  concerning 652  314 

Contractors  liable  to  reductions  on  monthly  accounts  for 

neglect  of  duty  in  lighting 752  315 

Council  to  make  annual  appropriation  for 653  315 

Penalty  for  removing  public  lamps  without  authority 654  315 

Penalty  for  lighting  or  extinguishing  without  authority 655  315 

Postoffice  department  authorized  to  attach  mail  boxes  to,  etc.  655  315 

Penalty  for  breaking  or  defacing  lamp-post,  etc 657  315 

City  clerk  to  furnish  contractor  for  lighting  with  copy  of 

article 658  315 

Summons. 

Laws— 

For  violating  ordinance 69  44 

Ordinances— 

How  issued  against  incorporated  company 182  199 

Sunday. 

Ordinances — 

Disturbing  or  annoying  congregation  on 518  279 

Boys  or  other  persons  not  to  engage  in  games  or  sports  cal- 
culated to  disturb  families,  etc.,  on 519  279 

Penalty  for  keeping  open  ball  or  pin  alley,  etc.,  on 520  279 

Penalty  for  pursuing  daily  labor  on,  etc.— exceptions 521  279 

Penalty  for  keeping  open  dram-shop  on 522  279 

Penalty  for  keeping  ordinary  connected  with  dram-shop  on..  523  280 

Supplies. 

Laws— 

For  use  of  city— how  furnished [941  63  43 

Superintendent  of  Police. 

Laws— 

Power  to  regulate,  prescribe  duties  of,  etc [66-681  63  40 

Trustee  of  police  and  firemen’s  relief  fund 290  115 


Ordinances— 

Member  of  police  department 124  184 

Office  of  created— term— chief  of  department 125  184 

How  and  when  appointed 126  184 

Oath  and  bond  of 127  184 

To  have,  in  subordination  to  mayor,  management  and  control 

of  department 128  185 

Concur  with  mayor  in  prescribing  rules  for  government  of 

police  department 128  185 

Devote  entire  time  to  discharge  of  duties  of  office 129  184 

Shall  be  charged  with  preservation  of  peace,  etc.,  of  city 129  185 

Take  notice  of  all  nuisances,  defects  in  streets,  etc  130  183 

To  report  members  of  police  for  neglect  of  diuy,  etc 131  185 

May  suspend  any  member  of  the  force  until  charges  against 

him  can  be  investigated 131  185 

Attend  all  meetings  of  council,  and  execute  its  orders 132  185 

Execute  all  warrants  or  other  legal  process 132  185 

Cause  books  of  record  to  be  kept  of  police  department 133  185 

Make  monthly  reports  to  council , 134  185 

Have  the  custody  of  records  and  equipments  of  department...  135  186 

Upon  expiration  of  office,  to  surrender  books,  records  and 

property  to  successor 135  186 


522 


GENERAL  INDEX. 


Superintendent  of  Police.  OrcZmance.§— Continued.  Section.  Page 

To  wear  uniform  and  star 155  189 

Police  patrolmen  going  out  of  office,  to  deliver  star,  etc.,  to...  157  189 

Make  arrests  at  fires ‘213  202 

Member  of  health  department 217  204 

Execute  orders  of  board  of  health 223  205 

Take  up  and  impound  animals  unlawfully  at  large 301  225 

Provide  a suitable  pound  under  direction  of  mayor,  etc 301  225 

Appoint  deputy  to  act  as  pound-keeper 303  225 

Shall  be  responsible  for  acts  of  deputy 303  226 

May  also  appoint  assistants  at  his  own  cost 303  226 

Provide  necessary  food  and  drink  for  impounded  animals 304  226 

Execute  order  for  sale  of  animals— give  notice  of 311  2‘27 

Time  of  notice,  manner  of  sale,  etc 312  228 

May  adjourn  sale  for  want  of  bidders 313  228 

Penalty  for  selling  without  notice,  etc 311  228 

To  keep  record  of  animals  impounded  and  sold 314  228 

Report  monthly  to  council,  and  pay  excess  of  fees  into  city 

treasury .314  228 

May  pay  surplus  from  sale  of  animal  to  owner— when 315  228 

Penalty  for  resisting  officer  or  assistants  in  taking  up  animals 

unlawfully  at  large 316  229 

To  receive  dog  tax,  and  issue  checks  for  dogs .319  229 

To  take  up  and  impound  dogs  unlawfully  at  large 320  229 

Cause  dogs  not  redeemed  within  three  days  to  be  removed 

without  city,  and  destroyed 320  230 

May  employ  dog  catchers,  and  offer  reward  for  dogs 321  230 

Report  to  council  amount  of  tax  collected  on,  and  number  of 

dogs  destroyed 322  230 

Fees  authorized  to  be  charged  by 364-367  238-9 

To  make  semi-annual  report  to  council  of  all  fees  received 368  239 

Execute  order  for  removal  of  wooden  building  in  fire  limits...  381‘  244 

Serve  notice  on  owners  of  buildings  to  erect  fire  escapes 397  248 

Execute  order  for  removal  of  building  declared  a nuisance.. . . 537  284 

Execute  order  for  removal  of  building  encroaching  on  streets  637  311 

Execute  order  for  removal  of  dangerous  awning 736  343 

(See,  also,  Police  Department.) 

Surplus. 

Laws— 

Of  special  assessments  to  be  refunded 162  70 

Surveyor— (See  City  Engineer.j 


T. 

Tallow  Chandleries. 

Laws— 

Power  to  direct  location  and  regulate [811  63  41 

Power  to  compel  cleansing  or  removal  of [841  63  42 

Ordinances— 

Person  establishing  within  city  deemed  guilty  of  a nuisance..  534  283 

Not  to  be  established  within  one  mile  of  city  limits  without 

consent  of  council 534  283 

When  carried  on  so  as  to  taint  the  air,  etc.,  a nuisance 534  283 

Unlawful  to  erect  on  Sangamon  river  above  and  near  water- 
works  691  327 


Tannery. 

Laws— 

Power  to  direct  location  and  regulate [81]  63  41 

Power  to  compel  removal,  and  regulate  location  of [841  63  42 

Ordinances— 

Establishing  of  within  city  deemed  a nuisance... 534  83 

Consent  of  council  required  to  establish  within  one  mile  of 

city  limits 534  283 


GENERAL  INDEX. 


523 


Tannery.  Ordniances— Continued.  Section. 

When  offensive  or  unwholesome,  a nuisance 534 

Unlawful  to  erect  on  Sangamon  river  above  and  near  water- 
works   534 

Tae. 

Laws — 

Power  to  regulate  and  prevent  storage  cf L651  63 

Ordinances— 

Boiling  of  regulated : 406 


Taxes. 


Laws— 


Power  to  levy  and  collect [31 

Power  to  provide  for  the  collection  of  annual  tax  to  pay  city 

indebtedness 151 

For  judgments  and  temporary  loans 

Ordinance  for  levying— limitation 

Manner  of  collecting 

Time  of  paying  over 

When  tax  levied  for  particular  purpose 

To  be  uniform  upon  all  taxable  property 

To  pay  principal  and  interest  on  registered  bonds : 

How  disbursed  for  paying  bonds 

On  foreign  insurance  companies 

City  to  certify  amounts  required,  etc 

Return  of  delinquent  special  assessment 

City  may  buy  in  at  sale  for 

How  assessed  and  collected 

Additional  levy  authorized,  etc 

Power  to  levy  for  school  purposes 

Power  to  levy  for  sewerage,  water  and  lights 

Council  to  levy  amount  required  for  public  school  purposes... 


63 

63 

91 

112 

113 

114 

115 

116 
220 
222 
251 

303 

304 

305 

306 

307 
309 

318-320 

358 


Telegeaphs  and  Telephones. 
Laws— 


Consent  necessary  to  the  erection  of  telegraph  poles,  wires 

and  fixtures  in  streets 331 

Council  may  direct  alteration  in  the  location  or  erection  of 

telegraph  poles,  etc 331 

Ordinances— 

Erection  of  telegraph,  telephone  and  electric-light  poles  in 

city  prohibited,  without  consent  of  council 794 

Poles  and  fixtures  to  be  so  set  or  placed  so  as  not  to  interfere 

with  travel  on  streets,  etc 795 

Liability  of  company  failing  to  remedy  or  remove 795 

Mayor  and  street  and  alley  committee  to  supervise  setting  of 

poles,  etc 796 

Penalty  for  cutting,  breaking  or  injuring  poles,  wires  or 

fixtures 797 


Telephone  Companies. 

Ordinance  granting  permission  to  the  Central  Union  Tele- 
phone Co.  to  erect  and  maintain  a system  of  telephones  in 
city 963-968 


Theatees— (See  Amusements.) 

Laws— 

Power  to  license,  tax,  regulate,  etc .[411  63 

Power  to  regulate  places  of  amusement L581  63 

Doors  of  to  open  outward 298 

Thibd  Street. 

Ordinance  for  vacating  a certain  part  of 957 

• Town  Branch. 

Ordinance  fixing  channel  of  through  Bullock’s  addition 969 


Page 

283 

.327 


40 


251 


34 

34 

51 

57 

58 
58 
58 
58 
90 
92 

103 

120 

121 

122 

123 

123 

122 

126-7 

141 


132 

132 


357 

358 
358 

358 

358 


408-410 


38 

39 
119 


407 


410 


524 


GENERAL  INDEX, 


Towns. 

Laws—  Section.  Page 

How  incorporated  town  may  become  city — 4 22 

How  territory  within  city  may  be  organized  as  a town 278  111 

Election  of  officers  in 280  112 

Powers  of  exercised  by  council 281  112 

Vacancies  in  town  offices  filled  by  council 284  112 

Organization  of  the  Town  of  Capital 112 

Treasukee— (See  City  Treasurer.) 

Trees. 

Laws— 

Power  to  plant  on  streets,  etc 181  63  35 

Ordinances— 

Penalty  for  injuring  or  removing  fruit  or  shade  trees 509  277 

Penalty  for  cutting,  injuring,  etc.,  in  reservoir  grounds 693  327 

Planting  of  shade  or  ornamental  on  streets  regulated 798  358 

Not  to  be  cut,  injured  or  removed,  except  by  owner  of  adjoin- 

- ing property,  etc 799  359 

On  streets  or  avenues,  to  be  trimmed 800  359 

Superintendent  of  streets  to  notify  owner  of 801  359 

Owner  failing  to  trim  after  notice,  the  street  superintendent 

shall  cause  to  be  trimmed,  etc 801  359 

Turpentine. 

Laws— 

Power  to  regulate  storage  of [65]  63  40 

u. 

[jNLAwruL  Assembly. 

Ordinances— 

Penalty  against  offenders  for 473  270 

Unwholesome  Business. 

Laics— 

Power  to  prohibit [831  63  41 

Unwholesome  Provisions. 

Ordinances— 

Penalty  for  selling  or  exposing  for  sale 234  207 

Police  or  health  officer  may  take  and  des^troy 234  207 

V.. 

Vacancy. 

L^aws- 

In  office  of  mayor 16-19  26 

In  office  of  alderman 33  28 

In  office  of  alderman  under  minority  plan 55  32 

How  vacancies  filled 75  46 

When  office  becomes  vacant 268  109 

Who  may  determine  when  vacancy  exists 269  106 

In  town  offices,  may  be  filled  by  council 284  112 

In  board  of  education— how  filled 356  141 

In  board  of  water  commissioners— how  filled 363  143 

Vacations. 

Laws— 

Ordinance  for  to  be  recorded 285  113 


I 

. GENERAL  INDEX.  ' 525 

Vacations  of  Streets. 

Laws—  Section.  Page 

Power  of  council  to  vacate  streets,  alleys,  etc [71  63  35 

'I’hree-fourths  vote  required  to  vacate  street  or  alley, 329  131 

When  property  damaged  by,  etc 329  131 

Rights  of  adjoining  owners  in  case  of 330  132 

Ordinances— 

Of  part  of  Third  street,  in  Allen’s  addition 957  . 407 

Of  part  of  east  end  of  New  (or  rear)  Market  street 958  407 

Of  parts  of  Cass  and  Kansas  streets,  in  Barrett’s  addition — 959  407 

Vagrants. 

Laws—  , 

Power  to  restrain  and  punish [741  63  41 

Ordinances— 

Defined— punishment  for 524  280 

Vaults. 

Ijaws—  , 

Power  to  regulate  construction  of [571  63  39 

Ordinances— 

Construction  of  under  sidewalks  to  be  supervised  by  street 

superintendent,  etc 617  305 

Vegetables. 

Laws. 

Power  to  regulate  sale  of [501  63  39 

Ordinances— 

Penalty  for  selling  or  exposing  for  sale  decayed  and  unwhole- 
some  235  207 

Duty  of  police  officers  and  health  inspector  to  enforce  provi- 
sions of  section  concerning 235  207 

Vehicles. 

Laws— 

Power  to  regulate  speed  of [211  63  36 

Power  to  license,  etc '. [421  63  38 

Ordinances — 

License  fees  fixed  for  owners  or  drivers  of  certain 424  255-257 

Penalty  for  heedlessly  permitting  collision  of 500  275 

To  turn  to  the  right  of  center  of  street 502  276 

Driver  of  for  hire  to  make  regular  stand  only  public  stand 516  278 

Penalty  for  permitting  to  be  or  remain  om  sidewalk 626  307 

Not  to  be  left  before  private  dwellings,  etc.,  without  consent 

of  owner  or  occupant 641  312 

Not  to  be  left  on  paved  streets— exceptions 642  312 

Penalty  lor  obstructing  street  crossing  with 643  312 

Penalty  for  carrying  persons  in  for  hire  without  license 658  316 

Rates  of  fare  allowed  for  carrying  passengers  in 663  317 

Penalty  for  transporting  goods  in  for  hire  without  license 668  319 

Rates  or  prices  allowed  for  carrying  goods,  etc.,  in 671  320 

Penalty  for  charging  greater  sum  than  is  authorized  by  ordi- 
nance  674  321 

Location  and  limits  of  public  stand  for 675  321 

Superintendent  of  police  to  designate  places  for  at  public 

stand,  etc 676  321 

Penalty  for  making  regular  stand  for  elsewhere 677  321 

Superintendent  of  police  to  prescribe  and  post  regulations  for 

at  and  about  railroad  depots 678  321 

Power  of  members  of  the  police  force  over 679 

(See,  also,  Hacks,  etc.;  also.  Drays,  Carts  and  Wagons.) 

Velocipedes. 

Ordinances — 

Penalty  for  riding  or  propelling  bicycle  or  velocipede  in  parts 

of  city  devoted  to  business 503  276 


523 


GENERAL  INDEX. 


Veto. 

Laws— 

Of  ordinances  or  items  in 
Of  ordinances 


Section.  Page 
47  ^ 30 

258  106 


Viaducts. 

Laws— 


Power  to  construct [28] 

Villages. 

Jjaws- 

Organization  of,  etc 

Vote  of  Council. 

Laws— 

Mayor  to  give  casting  vote 

Two-thirds  required  to  restore  officer 

Majority  to  pass  ordinances 

Two-thirds  to  sell  city  or  school  property 

Two-thirds  to  pass  ordinance  over  veto 

Two-thirds  to  create  new  offices  or  discontinue  offices 

Two-thirds  to  order  improvement  after  annual  appropriations 

are  made 

Two-thirds  to  let  contract  without  advertising 

Two-thirds  to  annex  one  corporation  to  another 

Majority  to  disconnect  territory 

Three-fourths  to  vacate  street  or  alley * . 

Ordinances — 

Two-thirds  to  make  contract  for  improvement  without  adver- 
tising, etc 

Majority  to  decide  contested  election  of  alderman 

Two-thirds  to  authorize  connecting  of  sewer  built  without  city 
limits  with  any  sewer  within  city 


63  37 


179-193  75-79 


20  26 

21  26 

42  29 

42  29 

48  30 

74  45 

91  50 

165  71 

201  82 

211  85 

329  131 


99  177 

352  236 

605  301 


W. 


Wabash,  St.  Louis  and  Pacific  Railway  Co. 

Ordinance  concerning 959-962  407-8 

Wagons— (See  Vehicles.) 


Walls— (see  Buildings.) 

Ordinances— 

Penalty  for  posting  show  bills,  placards  or  notices  upon  with- 
out consent,  etc 511  278 


Wards. 

Laws— 

Council  may  divide  city  into 

To  be  compact,  and  population  of  equal, 

Ordinances— 

City  divided  into  seven 

Boundaries  of  defined 

Warrants. 

Laws— 

For  violating  ordinances 

Officers  to  be  commissioned  by— exceptions. 

Treasurer  to  keep  register  of 

Treasurer  to  deliver,  etc 

How  drawn,  etc.,  for  payment  of  money 

Comptroller  to  have  charge  of 

Form  of  for  collection  of  special  assessment, 

For  violations  of  ordinances  of  city 

When  may  be  drawn  in  anticipation  of  taxes. 


52 

31 

52 

31 

804 

360 

. 805-811 

360-1 

69 

44 

77 

46 

96 

52 

96 

52 

99 

53 

105 

54 

151 

67 

197 

80 

. 252,253 

104 

GENERAL  INDE" 


527 


Waekan's.  Continued,  ij  Section.  Page 

On  treasurer  of  police  and  firemen’s  relief  fund 293  116 

For  collection  of  special  tax  for  sidewalks 323  129 

For  collection  of  water  rents 373  146 

Ordinances — 

How  drawn  upon  treasurer 36  164 

Collector  to  execute  for  special  assessment 62  170 

Police'may  serve  for  apprehension  of  offenders 147  187 

Form  of  for^collection  of  water  rents 686  325 


Watek. 

Laws— 

Power  of  council  to  provide  for  the  purification  of  waters,  and 

the  drainage  of  ponds  on  private  property [40]  63  37 

Power  to  provide  for  a suppiy  of 170  73 

Power  to  prevent  pollution  of 170  73 

Power  to  levy  tax  for  extension  of  water  mains,  etc 319  126-7 

Ordinances— 

Stagnant  water  upon  lot  or  ground  a nuisance  529  282 

Health  officer  to  notify  owner  to  abate,  etc 529  282 

Penalty  for  permitting  water  falling  from  roof  of  building  to 

spread  over  sidewalk 624  307 

Watek-Woeks. 

Laics— 

Power  to  acquire  property  for 171  73 

Power  to  provide  for  the  collection  of  water  rents 172  74 

Tax  for  a continuing  lien 172  74 

Council  may  levy  a general  tax  and  appropriate  money  for — 172  74 

Power  to  provide  for  the  laying  of  water  supply  pipes  by  spe- 
cial assessment— bonds  for 332  133 

Payment  of  bonds  and  interest 333  134 

City  owning  or  operating  water- works  may  change  source  of 

supply 336  134 

Board  of  water  commissioners  may  construct,  lease  and 

maintain  wells,  etc 337  134 

Creation  of  the  board  of  water  commissioners  for  city  of 

Springfield - 362  142 

Election  of  commissioners— terms  of  office— vacancy 363  143 

Commissioners  to  divide  duties  between  themselves 364  143 

Council  to  fix  salaries  of  commissioners 364  143 

Commissioners  to  supply  city  with  water 365  144 

Power  to  employ  engineers,  etc 366  144 

To  purchase  land,  construct  buildings,  etc 367  144 

Power  to  build  dam  at  Sangamon  river— right  of  way  for 368  144 

Reservoir,  pipes,  hydrants  and  fountains 368  144 

Borrowing  money  for— issuing  bonds 369  144 

Assessments  for  use  of  wat^r  a lien 370  145 

Assessments  of  buildings  adjoining  street,  etc 371  145 

Assessment  of  building  in  vicinity  of  public  hydrant, 372  145 

Collection  of  water  rents— warrant— levy 373  146 

Board  to  report  unsatisfied  warrants  to  council 374  146 

Board  to  print  rules  regulating  use  of  water 375  147 

Water  may  be  shut  off  from  persons  violating  rules,  etc 375  147 

Commissioners  to  construct  hydrants— assess  benefits 376  147 

Commissioners  to  keep  record  of  their  proceedings 377  147 

Duty  to  report  to  council  semi-annually 378  147 

Surplus  funds  of  board— how  invested 379  148 

Commissioners  not  to  be  interested  in  contracts 380  148 

How  commissioners  may  be  removed 381  148 

Commissioners  to  make  special  report  to  council 382  149 

Right  to  enter  upon  land,  etc 383  149 

Right  to  condemn  pronerty— proceedings  for 384  149 

Claims  against  board— how  allowed 385  150 

No  member  of  the  board  or  of  the  council  to  derive  benefit 

from  water- works  funds 386  150 

Drawing  out  of  funds,  register  of  checks,  etc 387  150 

Commissioners  to  keep  books  of  account 388  151 

Finance  committee  of  the  council  to  examine  books 388  151 

Commissioners  to  elect  superintendent— duties  of 389  # 151 

Contracts  by  the  board— how  executed 390  151 

Commissioners  to  control  lands  and  works 391  151 

Council  to  fix  salary  of  commissioners  and  of  superintendent.  392  152 

Commissioners  to  give  bond 393  152 

Council  to  fix  amount  of  bonds 393  152 


528 


GENERAL  INDEX. 


Water- Works.  Zato.s— Continued.  Section.  Page 

Council  may  require  bond  of  superintendent 393  152 

Council  may  pass  ordinances  to  preserve  property,  etc 394  152 

Contracts  by  the  board— public  notice  of  to  be  given 395  152 

Entering  into  contract— security 396  153 

Inconsistent  acts  repealed 397  1.53 

Act  to  take  effect  from  passage 398  153 

Repeal  of  part  of  section  second  of  water- works  charter 399  153 

Council  may  order  election  of-commissioners  at  any  time, 

when  deemed  expedient 400  153 

Power  to  borrow  additional  sum  of  money,  issue  bonds  for,  etc.  402  153 

Power  to  build  dam  at  river 403  154 

To  erect  necessary  buildings  at  river,  and  procure  right  of 

way  across  lands,  etc 403  154 


Ordinances— 

Commissioners  to  have  entire  management  of  water- works. . . 680  323 

May  make  necessary  excavations,  lay  pipes  and  erect  hydrants 

in  streets,  etc.,  of  city 680  323 

Amount  of  bond  to  be  given  by  each  of  the  commissioners  and 

the  superintendent 681  323 

Commissioners  to  erect  hydrants  in  the  city,  for  use  in  ex- 
tinguishing fires,  etc 682  324 

Assessments  on  buildings  in  vicinity  of  hydrants 682  324 

Assessments  for  water  used  in  buildings 683  324 

Duty  of  commissioners  to  collect  water  rents,  etc . . .■ 684  324 

Warrants  for  collection  of  water  rents 684  324 

Manner  of  issuing  warrants— form  of 685, 686  325 

Constable  receiving  warrant,  to  execute,  etc 687  326 

Board  to  report  unsatisfied  warrants  to  council  when  deemed 

necessary  688  326 

How  council  may  proceed  to  collect 688  326 

Board  to  keep  record  m all  its  proceedings 689  326 

Books  and  papers  to  be  open  to  inspection,  etc 689  326 

Commissioners  to  make  report  to  council  semi-annually,  on 

first  day  of  March  and  September  690  326 

Unlawful  to  pollute  Sangamon  river  above  or  below  pumping 
works  building,  and  within  five  miles  of  city  limits— penal- 
ties  691  327 

Unlawful  to  bathe  or  swim  in  river  near  pumping  works- 

superintendent  to  enforce 692  327 

Penalty  for  injuring  reservoir  or  trespassing  in  any  way  on 

the  reservoir  grounds,  etc 693  327 

Duty  of  superintendent  of  works  and  watchman  to  prosecute 

offenders 693  328 

Use  of  water  from  nrivate  hydrant  or  cistern  regulated 694  328 

Upon  return  of  bill  unpaid,  water  to  be  shut  off,  etc 695  328 

Use  of  water  from  works,  when  there  is  a cistern  on  premises, 

regulated 696  329 

When  there  is  a cistern  on  the  line  between  premises,  how  use 

of  water  regulated 697  329 

Plumbers,  doing  plumbing  in  connection  with  water- works,  to 

have  permit  from  the  board 698  329 

Plumbers  required  to  make  full  and  complete  returns,  etc 699  3:^9 

No  attachments  to  be  made  to  any  water  pipes  of  city,  unless 

by  authority,  etc 700  330 

Regulations  concerning  plumbers,  use  of  ferrules  and  hy- 
drants, making  attachments  to  water  pipes,  etc 701-711  330-332 

Rules  and  regulations  governing  use  of  water  from  the  water- 
works   712  332-334 

Penalty  for  violating  or  neglecting  to  conform  to  rules 713  334 

Rules  regulating  plumbers  and  plumbing  work  in  connection 

with  water- works . 714  334-336 

Penalty  for  violating  rules,  etc.. 715  337 

Water  commissioners  may  issue  license  to  plumbers 716  337 

Amount  of  bond  to  be  given  by  licensed  plumbers 717  337 

Conditions  of  bond 717  337 


Weapons— (See  Concealed  Weapons.) 

Weigzts  and  Measures. 

Laws— 

Power  to  inspect  and  seal [551  63  39 

Power  to  enforce  keeping  of [56]  63  39 


GENERAL  INDEX. 


^29 


Weights  and  Measures— Continued. 

Ordinances—  Section.  Page 

Penalty  for  using  when  not  in  eomformity  with  lawful  standard  267  215 

Penalty  for  giving  less  quantity  of  article  sold  than  is  con- 
tracted or  paid  for 267  215 

(See,  also.  Inspector  of  Weights  and  Measures.) 


Witnesses. 

Ordinances— 

Police  officers  making  arrests  to  attend  as.  efc 170  192 

City  officers  not  entitled  to  witness  fees  in  actions  for  viola- 
tion of  ordinances 170  192 

Depositions  of  in  contested  election 350  235 

In  investigating  charges  against  officers— how  summoned, etc.  558,559  289 


Wood. 

Laws— 

Power  to  provide  for  inspecting  and  measuring 1511  63  . 39 

Wooden  Awnings. 

Ordinances— 

When  deemed  a nuisance  734  342 

Wooden  Build. ngs— (See  Buildings.) 

Laics— 

Power  to  prescribe  limits  within  which  they  shall  not  be 
erected  or  repaired,  etc 1621  63  39 

Worehcuses— (See  City  Prison  and  Workhouse.) 

Ijaws— 

Power  to  establish  and  erect 1691  63  40 


Y. 


Yards. 

Ordinances— 


Location  or  placing  of  hydrants  in  regulated 706  331 

Yeas  and  Nays. 

Laws— 

To  be  taken  on  removal  of  officer 21  26 

To  be  taken  upon  passage  of  ordinances 42  29 

To  be  tak^m  upon  propositions  to  create  liability  against  city.  42  29 

To  be  taken  at  the  request  of  any  alderman 42  29 

To  be  taken  upon  passing  ordinance  over  voto 48  30 

To  be  taken  on  ordinance  or  order  vacating  street 329  132 

Ordinances— 

To  be  taken  in  deciding  contested  elections  of  aldermen 352  236 

To  be  taken  upon  removal  of  officer  by  mayor 556  289 


—34 


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